- All employees are encouraged to raise genuine concerns pertaining to the Company at the earliest opportunity and in an appropriate way. It means that if employee believe there is a wrongdoing in the Company (e.g. Superiors or colleagues may be committing a criminal offence), he/she can report this by following the correct procedures and staff employment rights are protected.
- Employees are often the first to realize that there may be serious wrongdoing within the Company. However, employees may not express their concerns because they feel that speaking up would be disloyal to their colleagues or to the Company. Employees may also fear harassment or victimization. In these circumstances, employees may feel that it is easier to ignore the concern rather than report it.
- The Company is committed to the highest standards of openness, integrity, probity and accountability. We encourage employees, with concerns pertaining to the Company to raise those concerns to the appropriate Authority.
- The policy has been formulated in accordance with the provisions of the guidance under the Malaysian Code of Corporate Governance and in line with Global best practices and Whistleblower Protection Act 2010.
OBJECTIVES AND SCOPE OF THIS POLICY
- This policy aims to: -
- Encourage employees, to question and act upon concerns pertaining to the Company at the earliest opportunity and in an appropriate manner.
- Provide avenues for employees, to raise those concerns and where possible, receive feedback on any action taken so that it can be addressed in an independent and unbiased manner.
- Reassure employees that he/she will be protected from possible reprisals or victimization for raising a concern as defines in the policy (Para 3.2)
- Conduct which is an offence or a breach of law;
- Conduct which is a breach of the Company’s Rules and Regulations, Financial Regulations or other policies or standards which the Company applies;
- Possible fraud and corruption;
- Disclosure related to possible miscarriage of justice;
- Health and safety issues which is in violation of the relevant laws and standards;
- Sexual or physical abuse; and
- Other unethical conduct.
DEFINITION / ABBREVIATION
- Company KPS
Refers to Kumpulan Perangsang Selangor Berhad
- Key Management
Refers to person in any of the following positions:
- Managing Director/Group Chief Executive Officer (MD/GCEO)
- Deputy Chief Executive Officer, Finance and Corporate Services (DCEOFCS); and
- Head of Department (HOD)
Refers to Audit Committee of KPS
Refers to Whistleblowing Policy
Refers to a person or group of persons who make/s a whistleblowing report. Such person or group of persons may include employees and/or third-party stakeholders.
- Whistleblower Protection Act 2010 [Laws of Malaysia Act 711]
- Corporate Governance Guide – Towards Boardroom Excellence (Bursa Malaysia Securities Berhad)
PROTECTION UNDER WHISTLEBLOWING POLICY
- Harassment or Victimization
- The Company shall not tolerate any harassment, discrimination or victimization (including informal pressures) and shall take appropriate action possible to protect the Reporting Individual;
- Any employee who threatens retaliation against a Reporting Individual shall be subject to disciplinary action, including termination of employment;
- A Reporting Individual who raises his concern under this policy shall not be at risk of losing his job or suffer any form of retribution as a result, thereof provided that:
- The disclosure is made in good faith;
- He/She reasonably believes that the information, and any allegations contained therein, are reasonably true; and
- He/She is not acting for personal gain.
- The Company recognizes that the Reporting Individual may want to raise a concern in a confidential manner. Any Reporting Individual wishing to protect his/her identity is at liberty to do so. All reports of wrongdoings and information received shall be treated in strict confidence to the fullest extent possible to protect the identity of the Reporting Individual.
- If a situation arises where revealing the Reporting Individual’s identity is necessary to resolve the matter (e.g. in a court proceeding and internal inquiries), this matter shall be resolved through consultation with the Reporting Individual.
- Any reports of wrongdoings and/or matters related thereto shall not be disclosed or discussed with any third party other than those who have a legitimate need to know. This is important in order to avoid damaging the reputation of persons suspected but subsequently found innocent and discharged of wrongful conduct, as well as to protect the Company from potential civil liability.
- This policy encourages a Reporting Individual to put his/her allegation. Disclosures given anonymously are much less powerful and may create difficulties in resolving the issue or concern.
- Disclosures lodged anonymously must contain sufficient information for consideration at the Company’s discretion. Factors to be considered shall include:
- Seriousness of the issues raised;
- Credibility of the issues raised;
- Likelihood of confirming the allegation from an attributable source; and
- That the disclosure was done in good faith.
- i. The Company is sincere in its efforts to address genuine concerns. If the Reporting Individual raises a concern in good faith but is not ascertained or upon investigation, no action will be taken against the Reporting Individual.
- If the Reporting Individual raises a concern frivolously/maliciously or for personal gain, stern disciplinary action shall be taken against the Reporting Individual which may include termination of employment.
HOW TO RAISE A CONCERN
- Concerns may be raised with your Immediate Superior or the designated Whistleblowing Officer. If an employee wishes to raise the concern anonymously, he/she can do so via the following channels:
- Whistleblowing Hotline at 03-5524 8448
- Write a letter/whistleblowing form to:
Internal Audit Department
Kumpulan Perangsang Selangor Berhad
Tingkat 17 Plaza Perangsang
40000 Shah Alam, Selangor Darul Ehsan
Note: Whistleblowing Form can be downloaded via KPS website.
When lodging a written report, the Report Individual shall try to provide the following information as required in the Whistleblowing Form (WBF) [Please refer to Attachment 1]:
- Background and history of the concerns, giving names, dates, places, facts and data where possible; and
- Reason why the Reporting Individual is particularly concerned about the matter he/she has raised.
- Acknowledging that the concern has been received and recorded; and
- Informing whether further investigations will take place and if not, stipulating the reason.
HOW THE COMPANY WILL RESPOND
- The Company’s response will depend on the nature of the concern. It may be:
- Investigated internally;
- Referred to the internal/external auditor;
- The subject of an independent inquiry; and
- Referred to the Enforcement Agencies.
- All information gathered for each case shall be managed and restricted internally on a “need to know” basis only.
- The Whistleblowing Officer has overall responsibility for the administration and enforcement of this policy, and may liaise as necessary with others including the Chairman of the AC.
- The Whistleblowing Officer shall maintain proper records of concerns raised and the outcomes (but in a form which does not endanger employee confidentiality) and will report directly to the AC.
WHISTLEBLOWING PROCESS FLOW