TOMYPAK HOLDINGS BERHAD

WHISTLE BLOWING POLICY




BACKGROUND


The Company recognizes that some employees from time to time have concerns as to what happens at their workplace but they are afraid to speak out. It is in the interest of the Company to create and maintain an environment whereby employees are encourage to come forward and report on these concerns without fear of being punished or retaliation. The Board of Director have formed the Whistle-blowing Committee which serves as a platform to facilitate concerned employees to submit report of any misdeeds, bad practices or suspected breach of law occurring in the Company.



OBJECTIVES


a) To provide avenues for employees to raise their concerns and defines a way to handle these concerns.

b) To enable the management to be informed at an early stage about any acts of misconduct.

c) To provide assurance to whistle blowers that they will be protected from punishment or retaliation.

d) To help develop a culture of openness, accountability and integrity.



DEFINITIONS


a) Whistle blowers
A whistle-blowers is a person who reports any improper or illegal activity taking place in the Company. Whistle-blowers commonly refer to company’s employees but they may also include other associated parties like shareholders, vendors, contractors, customers and even general public.

b) Good Faith
Good Faith refers to the report made without malice or consideration of personal interest. A whistle-blower has made a report in good faith if he/she has a reasonable basis to believe that some wrong-doing or improper activities are taking place.

c) Misconduct / Improper activities
Misconduct / Improper activities include, but not limited to financial fraud, corrupt practices, violation of law, violation of company policies, endangerment to public health or safety or other illicit activities.



REPORTING PROCEDURES


1) The Committee expects that the employee will act in good faith and not make false allegations when submitting a report. An employee who knowingly or recklessly makes statement.

2) Acts of improper activities / misconduct may be disclosed in writing, by emails, telephone calls or even in person.

3) All reports may be sent directly to the following Whistle-blowing Committee members;
  i. Datuk Kamal Bin Khalid
  ii. Encik Azmi Bin Tun Arshad

4) The reports once received will be circulated to all the members of the Whistle-blowing Committee by email.

5) Although the whistle-blower is not expected to prove the truth of an allegation, he/she must at least demonstrate that there are sufficient grounds for the concern.

6) The Whistle-blowing Committee is not a channel for the disgruntled employees to air their grievances relating to job performance or conditions of employment. Any such report received will be dismissed or re-directed to the Human Resources Department as appropriate.

7) The contact information of the persons responsible to address any improper activities are as follows:-
  a) Contact by emails. Allegation reports may be sent to the Whistle Blowing Committees’ email addresses at
    whistleblower@tomypak.com.my.
    All information received will be treated with utmost confidentiality

  b) Contact by mail or physical delivery. Allegation reports may be mailed or delivered, to the following address:-
    PTD 109476, Jalan Cyber 4, Kawasan Perindustrian Senai Fasa 3,
    81400 Senai, Johor Darul Takzim, Malaysia.


INVESTIGATION PROCEDURES


1) The Whistle Blowing Committee will acknowledge receipt of the reported violation. The Whistle-blower will be asked to self-identify and complete a Whistle-blowing Form.

2) The Committee will meet to discuss the investigation/action on the report received from the Whistle Blowers. Depending on the nature and severity of the reported violation, the Committee will decide the manner on how the allegations/complains are to be handled. For minor offence, resolution over emails among the Committee members may suffice but for major issue, a full scale Committee inquiry may be necessary.

3) The Committee will ensure the investigation to be carried out using appropriate channels, resources and expertise.

4) The Whistle Blowing Committee will report quarterly to the Audit Committee on reports received and the status of outstanding investigations.

5) All information reported and disclosed during the course of an investigation will remain confidential and made available only on a need to know basis, except where necessary to conduct the investigation and to take any remedial action, and subject to any applicable law (that can compel disclosure in some circumstances). All directors, officers or employees by the Whistle-blowers.

6) If, at the conclusion of the investigation, the Whistle-blowing Committee has established that the alleged improper activity/misconduct has occurred will report such incident to the Board/management for them to take appropriate disciplinary actions against the wrong-doers.

7) The Committee acknowledges that those who file reports need to be assured that their report has been properly addressed. Accordingly, subject to any legal constrains , the Committee will provide the complainant with the appropriate information about the outcome of any investigation within a reasonable period of time.



Whistle Blowing Form download here

Revised Date: 25 September 2020