Whistle Blowing Policy
WHISTLE BLOWING POLICY
The MBM Resources Bhd group of companies (“MBMR Group or Group”) is committed to achieving the highest possible standard of integrity, openness and accountability in the conduct of our businesses and operations. The Management and employees of the MBMR Group are encouraged to promote and facilitate ethical, responsible and transparent communications in managing the Group’s businesses and conducting its affairs.
In line with our commitment, this policy is aimed at serving as a guideline and avenue for all MBMR Group employees to report a whistle-blowing complaint in order to disclose improper conduct or wrongdoings to the Management for action.
Scope of the Policy
Employees can report a whistle-blowing complaint if they are aware of any improper conduct or wrongdoing including (but not limited to) the following:
• misappropriation of assets
• sexual harassment
• criminal breach of trust
• questionable or improper accounting
• misuse of confidential information
• breach of the MBMR Group Code of Conduct or any of its policies or guidelines
• any act or omission which is deemed to be against the interest of the MBMR Group, or a violation of any law or rule of the stock exchange.
The identity of the employee reporting the whistle-blowing complaint will be protected and kept strictly confidential. Such protection is accorded even if the investigation later reveals that the whistleblower is mistaken as to the facts and/or any rules and procedure in relation to the complaint made.
Consent will however be sought should there be a need for disclosure of identity for purposes of investigation. It is important to note that should consent be unreasonably withheld, the Group and/or person(s) investigating has the right to dismiss the whistle-blowing complaint from proceeding any further.
Acting in good faith
Only genuine concerns should be made. Malicious and/or false allegations will not be tolerated and if proven, may lead to employment sanctions and/or legal action.
If you have made an error or have mistaken facts pertaining to your allegations and wish to now withdraw your complaint, you may do so by forwarding your request via the channels that you have submitted your original complaint with the Case Reference Number stating the reason(s) for withdrawal.
Protection from retaliation
We do not tolerate any form of retaliation against anyone who in good faith reports possible violations of law, the Code of Conduct, or other company guidelines or policies, or who asks questions about on-going or proposed conduct. Any form of harassment, unfair treatment or retaliation against a genuine whistle blower, if proven, may lead to employment sanctions including dismissal.
Complaints should disclose the following:
• Date and time of the complaint
• Name(s), contact number and email address of the person(s) making the complaint and the company by which the person is employed
• Details of the person(s) alleged to have committed the improper conduct or wrongdoing (i.e name, position and company)
• Details of the Incident (i.e time and location the alleged misconduct or wrongdoing occurred)
• Details of the allegation
• Any other information or supporting evidence that may assist the investigation.
Anonymous “poison pen” complaints
An anonymous poison pen complaint is a complaint made maliciously and with the intention to hurt a particular person or party. Therefore, a complaint provided by an unnamed source will be treated with utmost care and will only be responded after the following have been examined:
• The seriousness of the complaint
• The extent and details related to the allegation
• The reliability of the details and/or information provided
• The reason and the justification if any, for the identity of the complainant to remain anonymous
• The language used.
It is important to note that because complaints that are made anonymous are difficult to respond to and there is usually no way of contacting the complainant, the following actions and/or outcome could be taken by the Group:
• If the complaint is serious, the police or other authorities could be alerted and the complaint may be forwarded to them for their further action.
• If the complaint is decided to be frivolous, misleading or vexatious, the Group and/or person(s) investigating reserves the right to dismiss the complaint from progressing any further.
• Should the allegations be proven to be false or malicious, action will be taken including immediate dismissal and/or legal action where appropriate.
• The person being complained of or implicated in the alleged wrongdoing may be furnished with copies of the complaint.
• No action will be taken on the employee named in the anonymous complaint unless and until sufficient evidence is made available to justify action against them.
Processing/ Outcome of the complaint
Upon receipt of your complaint, Human Resource, in consultation with Legal, will determine whether the nature of the complaint falls within the category of Wrongdoing. An investigation team will then be appointed to investigate the alleged wrongdoing. Upon completion of the investigation, findings (whether the complaint is substantiated or dismissed) and the appropriate course of action where applicable will be recommended to the chief executive of the Group and the Audit Committee for their deliberation. In all cases, a notification of the outcome of the investigation and where applicable, decision(s) and/or recommendations made by the chief executive or Audit Committee will be forwarded to the complainant.
If for any reason, the person making the complaint is not satisfied with the outcome of the report, the complaint can be forwarded to firstname.lastname@example.org and address to the Chairman of MBMR Board for further review.