1. INTRODUCTION
In line with good corporate governance practices and with the introduction of the Whistleblower Protection Act 2010, the Board and Management of DKLS Industries Berhad ("DKLS" or "Company") and its subsidiaries ("DKLS Group") encourage its employees and/or stakeholders (including shareholders, suppliers and customers) ("Reporting Individuals" or individually referred as "Reporting Individual") to report suspected and/or known misconduct, wrongdoings, corruption and instances of fraud, and/or abuse of law or regulatory requirements.
- 2. OBJECTIVE
The objective of this Policy is to promote good corporate governance and support the Company's values by providing a mechanism for any Reporting Individual to report concerns about any suspected and/or known misconduct, wrongdoing, corruption, fraud, breach of the Company's Code of Conduct, and/or abuse of law or regulatory requirements which they become aware, and to ensure that the Reporting Individual who reports allegation of such malpractice or misconduct will be protected from possible reprisals or retaliations if he/she has a reasonable belief that the disclosure was made in good faith.
- 3. WHISTLEBLOWING
Whistleblowing is a specific mean by which a Reporting Individual can report or disclose through established channels, concerns about any violations of the Code of Conduct, unethical behaviour, malpractices, illegal acts or failure to comply with law or regulatory requirements that is taking place, has taken place, or may take place in the future.
Only genuine concerns should be reported under the whistleblowing procedures. This report should be made in good faith with a reasonable belief that the information and any allegation in it are substantially true, and the report is not made for personal gain. Any person that has not acted in good faith shall not be entitled to any protection under this Policy. Malicious and false allegations by the Reporting Individual will be viewed seriously and treated as a gross misconduct and if proven may lead to dismissal or termination of the whistle-blower who abuses this system.
- 4. PROCEDURES
- Any concern should be raised with the immediate superior. If for any reason, it is believed that this is not possible or appropriate, then the person who wishes to make a complaint may do so in writing using the form appended to this Policy as Appendix A via the following reporting channel:
The Executive Director
DKLS Industries Berhad
16th Floor, Ipoh Tower
Jalan Dato' Seri Ahmad Said
30450 Ipoh, Perak Darul Ridzuan
Or
Email to: BOD.WB@dkls.com.my
- If for any reason, it is believed that reporting to Management or the abovementioned Executive Director is a concern or not possible or appropriate, then the concern should be reported to the Chairman of the Audit Committee. The channel of reporting to the Chairman of Audit Committee is:
The Chairman of Audit Committee
DKLS Industries Berhad
16th Floor, Ipoh Tower
Jalan Dato' Seri Ahmad Said
30450 Ipoh, Perak Darul Ridzuan
Or
Email to: AC.WB@dkls.com.my
- Disclosures of corruption must be with sufficient details and supported with documentary evidences and/or information of parties who are able to confirm or support the disclosures, where possible.
- Anonymous disclosures will not be entertained as they may hinder investigation and the Company's ability to ensure that the disclosure is genuine. Anonymity will also prevent the whistleblower from being accorded the necessary protection. Notwithstanding, the Company reserves its right to investigate an anonymous disclosure.
- 5. ACTION
- All preliminary investigation will be initiated or carried out promptly by the person receiving the report or disclosure. Depending on the complexity of the matter, the subject matter and severity of the alleged misconduct, an independent investigating team may be set up to conduct further investigation into the matter. The Reporting Individual will be informed of who is handling the matter, how can they make contact with the person, and if required, be offered further assistance from the appropriate departments within DKLS Group.
- Upon completion of investigation, appropriate course of action will be recommended to the Board and/or Audit Committee for their deliberation no later than at the next scheduled meeting. Decision made by the Board or Audit Committee will be implemented in due course which course of action may include:
- disciplinary action;
- closing the case;
- referring the matter to the relevant parties e.g. in the cases not related to the Company; and/or
- other courses of actions the investigator, Board or Audit Committee may deemed appropriate.
- Where possible, steps will also be implemented to prevent similar situation arising.
- 6. CONFIDENTIALITY AND PROTECTION
- The Company shall treat all reports or disclosures as sensitive and will only reveal information on a "need to know" basis or if required by law, court, authority or for investigation purposes. The identity and particulars of the Reporting Individual shall otherwise be kept private and confidential unless the Reporting Individual chose to reveal his/her identity.
- A Reporting Individual who is an employee who makes a genuine report in good faith shall not be subject to unfair dismissal, victimisation, demotion, suspension, harassment, any action causing injury, loss or any other retaliatory actions ("Detrimental Action") by the Company.
- Any Reporting Individual who had been subject to Detrimental Action after making a genuine report under this Policy may lodge a complaint via the reporting channels set out in paragraph 4 above and the same procedures for investigation shall apply to any such complaints of Detrimental Action. An employee who commits any Detrimental Action against any employee who has made a report in good faith shall be subject to disciplinary action.