Prokhas Whistleblowing Policy
Prokhas is committed to the highest standard of integrity, openness and accountability in the conduct of its businesses and operations. It aspires to conduct its affairs in an ethical, responsible and transparent manner.
Recognizing the abovementioned values, Prokhas provides avenue for Board of Directors (“Board”) and all employees of Prokhas, and members of the public to disclose any improper conduct within Prokhas whereby protection for the Person making the disclosure will be provided.
The scope of improper business conduct to be disclosed under the policy is defined as follows:
- Criminal offence such as corruption, fraud, bribery, theft and blackmail;
- Harassment and intimidation;
- Conflict of Interest and potential abuse of position for personal gains;
- Regulatory breaches and breaches of legal obligation;
- Breach of Prokhas Code of Business Ethics and Board of Directors Code of Ethics;
- Breach of Prokhas Confidentiality Manual;
- Misuse of the Company’s assets;
- An act which may create significant impact of danger to the safety and lives of the public and environment; and
- Any concealment or attempt to conceal malpractices.
Procedure to Raise Concern
Email to the Designated Recipient . click here
|Subject Person Escalated||Designated Recipient of Disclosure|
|Non-Clerical 2 to General Manager||Head, Corporate Services|
|Head, Corporate Services||Chief Executive Officer (“CEO”)|
|CEO and Board (including Board Chairman)||Board Audit and Risk Committee (“BARC”) Chairman|
|BARC Chairman||Board Chairman|
All emails on escalated concerns are encrypted.
In order to carry out an investigation, details and information on the concern made by the Whistleblower as itemised in the form should be disclosed. The Whistleblower is encouraged to disclose his/her personal details (which will be kept confidential).
Anonymous disclosure will be entertained provided that the information and evidences received are sufficient and not frivolous. However, no protection will be given to anonymous whistleblower. In the event the identity of the anonymous informant is subsequently uncovered, the protections accorded above shall be applicable to the informant.
Handling of concern raised
The Designated Recipient will determine the validity of the case based on basic investigation.
All improper business conduct reports received by Chairman of the Board and/or Chairman of the BARC, once validity is determined, will involve external investigation following which decision will be made at Board level.
Save for anonymous disclosures, any person who made a disclosure have the right to be informed of the outcome of the disclosure made and the findings of any investigation provided overriding legal or public interest have been considered and addressed. Any action taken against the subject person escalated as a consequence of the findings of the investigation may be personal and confidential in which case it cannot be disclosed.
Protection to Whistleblower
Provided that the disclosure is made in good faith, the identity of the Whistleblower would be kept confidential unless the information is required by law or any statutory authority; and it is necessary for the purpose of conducting a competent investigation strictly on a “need to know” basis.
The Whistleblower will be protected against victimisation, retribution or retaliation by the subject person escalated as a result of the disclosure. Such protection is accorded even if the investigation later proves the Whistleblower to be mistaken provided that the disclosure is made in good faith.
The Whistleblower may be advised to report the matter to Malaysian Anti-Corruption Commission (“MACC”) where necessary or any other relevant authority. Whistleblowers who report directly to MACC are protected under the MACC Act 2009, as well as the Whistleblower Protection Act 2010.