CC INTERNATIONAL BERHAD
1.1. Whistleblowing is an early warning system to mitigate any possible risks to the organisation. A positive whistleblowing culture is a critical element in the success of a risk management system. This policy seeks to enhance corporate governance by helping to foster an environment where integrity and ethical behaviour is maintained. CCIB also encourages openness and transparency in its commitment of the business operations to the highest standard of integrity and accountability.
1.2. References to “you” in this policy refer to any person to whom this policy applies. Where more specific references are used (such as “employee”), the more specific reference is intended. For purposes of this policy, the term “employee” means any person who is in the employment of CCIB including but not limited to top management, executives and non-executives positions.
2.1. CCIB is committed to high standards of ethical, moral and legal business conduct. As such, CCIB takes a zero-tolerance approach to all forms of bribery and corruption. The objectives of this policy are;
2.2. To provide an avenue for all employees of CCIB and members of the public to disclose any improper conduct in accordance with the procedures as provided for under this policy;
2.3. To provide protection for employees and members of the public who report such allegations;
2.4. To promote a transparent and open environment for fraud reporting within the Group; and
2.5. To serve as an early warning system for the company to remedy any wrongdoings before serious damage is caused.
3.1. Whistleblowing – This occurs when an employee or a member of the public raises a genuine concern of Improper Conduct that he / she is aware of through his / her work / dealing.
3.2. Whistleblower – The employee or member of the public who discloses or reports the Improper Conduct under this policy.
3.3. Improper Conduct – This is generally described as any conduct by an employee which if proved constitutes a criminal offence or any conduct that constitutes a wrongdoing or malpractice and may include any of the following (the list is not exhaustive):
- Abuse of Power;
- Conflict of Interest;
- Theft or embezzlement;
- Sexual harassment;
- Any act that is likely to cause significant financial loss or costs to the Company including any intentional misrepresentation of the Company’s financial statements;
- Misuse of Company’s Property; and
- Non-compliance with CCIB’s policies and procedures as well as breach of any law, regulation or rule that is applicable to the Company.
3.4. Concern – a report raised by a Whistleblower about an actual or suspected irregularity or Improper Conduct within CCIB.
3.5. Authorised Persons – persons who are strictly necessary for the handling and/or investigation of the Whistleblower’s Concern. The Designated Authority determines the persons who are to become Authorised Persons on a case-by-case basis.
3.6. Designated Authority (DA) – CEO or Human Resources Manager.
3.7. Board of Directors – Board of Directors for CCIB
4.1. All CCIB’s employees and members of public are encouraged to raise issues concerning Improper Conducts or criminal offences and make a formal confidential disclosure through feedback, reports or complaints. The issues can even cover circumstances whereby the employee or member of public suspects of any actual, planned or potential behaviour / action that is illegal or unethical.
4.2. If any employee is unsure whether a particular act constitutes bribery or corruption, or if he/she has any queries, the employee can ask his/her respective Heads of Department.
5. HOW TO RAISE A CONCERN
5.1. The formal report or complaint (written or verbal) can be made to a member of the DA who will refer to the Board of Directors. Concern may be raised in the following manner:
- Email to Designated Authority (firstname.lastname@example.org)
- Submission of Whistle-Blower Report form as appended in Appendix I of this policy.
- Private meeting with Designated Authority.
- Telephone call to Designated Authority.
5.2. The report may include suspected Improper Conduct such as fraud, misappropriation, abuse of authority, corrupt practices or any other form of contravention or non-compliance with CCIB policies and procedures, including breach of any terms of the Employee Handbook or any regulatory infringement that may be detrimental to the interest of CCIB.
5.3. The content of disclosure made shall contain the following information:
- Details of the person (s) involved;
- Details of the allegation which includes the nature of the allegation; location and date/time the alleged misconduct took place;
- Any supporting evidence (if available); and
- Other relevant information
5.4. The DA or his representative shall make a preliminary assessment of the allegation to establish a case. If the case is worthy to be investigated, the DA shall inform the Board of Director about the receipt of the Concern, without disclosing the identity of the Whistleblower.
5.5. If the DA is the subject matter of the Concern, the Board of Directors must be informed in a confidential manner by the CEO or the other member of the DA.
5.6. If the CEO is the subject matter of the Concern, the Board of Directors must be informed in a confidential manner by the DA.
5.7. If the Board of Directors are the subject matter of the Concern, the CEO must be informed in a confidential manner by the DA.
5.8. If the case is worthy to be investigated, the DA/CEO/Board of Director (based on the circumstances of the case as per above) shall appoint an Investigating Officer (IO) to initiate a formal investigation.
5.9. Any employee and member of public who wishes to report the Concern, he / she is required to disclose his / her identity to the DA in order to accord the necessary protection to him / her. However, anonymous disclosure is accepted and CCIBreserves its right to investigate into any anonymous disclosure.
6.1. The formal report or complaint made by the employee should be made in good faith, supported by credible or acceptable evidence depending on circumstances of the case. This would be at the discretion of the DA.
6.2. Any allegation which cannot be substantiated and which prove to have been made with malicious intent or knowingly to be false will be viewed as a serious disciplinary offense on the part of the Whistleblower.
7. YOUR PROTECTION
7.1. For protection of the Whistleblower, the DA shall, at all times, keep the confidentiality of the Whistleblower’s identity (which shall not be revealed without his / her expressed consent) so as to protect him / her from any potential reprisals by the suspect or his / her associates and related parties.
7.2. The confidential information pertaining to any person who makes or receives a disclosure of improper conduct shall be kept confidential at all times. “Confidential Information” here includes: –
- Information about the identity, occupation, residential/work address of the Whistleblower and the person against whom a Whistleblower has made a disclosure of Improper Conduct;
- Information disclosed by a Whistleblower; and
- Information that if disclosed may cause detriment to any person.
7.3. The identity of a Whistleblower is only known to the DA and is not disclosed to anyone else unless:
- It is strictly necessary for one or more of the Authorised Persons to know;
- If CCIB is legally obliged to disclose a Whistleblower’s identity; and/or
- The disclosure of such information is required if and when CCIB decides to report to the relevant authorities.
7.4. CCIB shall not tolerate any form of victimisation of an employee who speaks out and acts in good faith. At the sole discretion of CCIB and upon the completion of the whistleblowing process and procedures, the Whistleblower will be accorded the privilege to be notified on the outcome of the disclosure and a reward may be payable to a deserving Whistleblower.
8. CONSEQUENCES OF NON-COMPLIANCE WITH THE POLICY
8.1. Anyone who breaches this Policy, or any Whistleblower procedure, may suffer personal consequences and may be subject to disciplinary action which could include internal disciplinary action up to and including termination of employment or consulting arrangements without notice. If it appears in the opinion of the Board that any employees, directors and officers of CCIB may have violated this policy, then CCIB may refer the matter to the designated authorities for investigation and subsequently disciplinary action.
8.2. A Whistleblower who has not acted in good faith by reporting an alleged Concern under this Policy, or who does not respect the Confidentiality provisions of this Policy may lose the rights and protections provided under this Policy and may be subject to disciplinary action, criminal prosecution and/or civil liability.
9. RESPONSE TIMEFRAME
9.1. Upon receiving the complaint or report, the DA shall as soon as possible verify with the whistle-blower (where identity is provided) and carry out investigation typically within a time frame of 60 days. Where extensive investigations are required it may take up to 90 days to complete.
10. REPORTING TO BOARD
10.1. Report on the status of whistleblowing cases should be conducted by the DA or CEO to the Board of Directors, periodically, or as deemed appropriate by the DA or CEO depending on the circumstances and number of reported cases.