Email This Print ThisWhistleblowing Policy

  1. Objective & definition

    1. Objective

      This Policy serves to encourage UG Healthcare Corporation Limited Group’s employees, vendors or any external party to disclose (whistleblow) any improper conduct (as defined under the Malaysian Whistleblower Protection Act, 2010 [WPA 2010]) which has come to their knowledge and to provide protection for employees ,vendors and external parties who report allegations of improper conduct (as specified under Section 6 of the WPA 2010)

    2. Definition

      Whistleblowing is a disclosure by a person, usually an employee, in an enforcement agency, government agency or private enterprise or even members of the public to those in authority either within the organization or at the discretion of the whistleblower to another enforcement agency, of mismanagement, corruption, illegality, or any other wrongdoing carried out by an individual or group of individuals within the organization. Such an act by the said individual(s) may be punishable by any legislated law of Malaysia (or any other countries which The Group operates in). For the purposes of this policy, all such acts shall come to be known as improper conduct (as defined under the WPA 2010).

  2. Scope

    1. The policy is established to encourage and guide employees, vendors and external party to report alleged improper conduct. This policy also serves to ensure that all such reports are thoroughly investigated and suitable action are taken where necessary. For the purpose of this policy, the phrase improper conduct although defined by WPA 2010 shall also include but not limited to the following:

      1. which is an offence or a breach of any legislated law or the Group’s policy;
      2. disclosures related to miscarriages of justice to any employee or external party perpetuated by an employee or with the collusion of an employee of UG Group of Companies;
      3. affecting health and safety risks, including risks to the public as well as other employee deliberately;
      4. relating to unauthorised use of the Group’s funds detrimental to its interests;
      5. involving fraud and corruption;
      6. involving abuse of power and position for personal gain or causes detriment to the organisation; or
      7. relating to discrimination against race, religion or gender or disablility.
      8. Deliberate withholding information or unauthorized sharing of information to the detriment of the Group.
    2. Types of Whistle blower

      The whistleblower covered by the policy is set out below:

      1. Internal :

        1. Employees
        2. Contract employees
        3. Temporary employees
      2. External :

        1. Vendors
        2. Customers
        3. Financial service providers
        4. Any other public individuals/companies whom/which transacts with the Group
  3. Protection

    1. The policy protects the whistleblower who lodged a report/complaint, provided the report is made in good faith. Anyone engaging in retaliatory conduct against the whistleblowing employee will be subjected to enforcement action under Section 10 (6) of the WPA2010. Any employee who has made report in good faith is protected against adverse employment actions which will affect his/her livelihood (e.g. discharge, demotion, suspension, harassment or other forms of discrimination) for reporting improper conduct.

    2. An employee or any other party is protected even if the report made proved to be incorrect or unsubstantiated. The revocation of whistleblower protection can only be made in the event the conditions specified under Section 11 (1) of the WPA 2010 are met in the opinion of the Group namely:

      1. The whistleblower himself has participated in the improper conduct disclosed
      2. The whistleblower wilfully made in his disclosure of improper conduct a material statement which he knew or believed to be false or did not believe to be true
      3. The disclosure of improper conduct is frivolous or vexatious
      4. The disclosure of improper conduct principally involves questioning the merits of government policy
      5. The disclosure on improper conduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action
      6. The whistleblower, in the course of making the disclosure or providing further information, commits an offence under the WPA2010.
    3. Assurance of Confidentiality

      All reports and identity of the whistleblower will be treated in a confidential and sensitive manner. A report will only be disclosed to those who are authorised to carry out investigation into matters relating to the report. Theidentity of the whistleblower shall always be withheld in these circumstances The whistleblowers shall be informed where a referral is made.

    4. Anonymous Report

      This policy encourages the whistleblower to state his/her name to their respective report, whenever possible. Reports expressed anonymously are much less credible but will nevertheless, be considered at the discretion of Audit Committee {“AC”). In exercising this discretion the factors to be taken into account includes the following:

      1. the seriousness of the issues raised;
      2. the credibility of the report; and
      3. the likelihood of confirming the allegation from attributable sources.

      The decision of the AC on this matter shall be final. All deliberations of AC on any whistleblower allegations are strictly to be minuted by an Internal Audit Officer/any other Officer of the Group appointed by the Chairman of AC. The said Officer shall maintain records of all reports and supporting documentations on investigations into any reports lodged by whistleblower. These records are to be kept by the said Officer. The decision to make an anonymous report may result in the whistleblower not being conferred protection under the WPA2010.

    5. Mala fide Report

      If the employee makes a report in good faith, which is not substantiated and confirmed by subsequent investigations, no action will be taken against the employee. In making a report, an employee must exercise due care to ensure the accuracy of the information given. If, however, an employee makes mala fide report, disciplinary action may be taken against such employee. The onus is on the Group to prove that the said employee had made a mala fide report. On the other hand, if an external party lodges mala fide report, The Group may consider lodging a police report and/or take other necessary actions deemed appropriate.

  4. Responsibility

    The appointed Officer [as stated in Section 3.4], usually the Human Resource (“HR”) Manager, is solely authorised to investigate and address all whistleblowing cases reported to them. The Officer will be responsible to monitor and report all cases investigated pursuant to this Whistleblowing Policy to AC. The identity of the whistleblower shall be kept in strict confidence. In the event a report has been made on any HR officer, the complaint shall be handled by the Chairman of AC or any other person appointed by AC in order to prevent any conflicts of interest or biasness in the said investigation.

  5. Procedures

    1. Making a Report

      All whistleblowers are encouraged to make a report via the format attached (Refer to Appendix 2). The format is introduced to ensure all relevant information are disclosed. It also serves as a guideline to all parties. The whistleblower is free to report directly to any enforcement agency (Appendix 1) if he/she so chooses and may choose any other format as they please.

    2. The whistleblower shall receive a preliminary report within five (5) business days of the initial report, regarding the investigation, disposition or resolution of the issue. If the investigation of a report, that was done in good faith and investigated by internal personnel, is not to the whistleblower’s satisfaction, then he/she has the right to report to the relevant enforcement agencies. In the event the alleged offence is punishable under a legislation enforced by another agency, the said report would then be forwarded to the relevant agency with the concurrence of the whistleblower or where the complainant is anonymous, the AC.

    3. In the event investigations by the HR department has revealed that there were individuals connected to any company, business or any entity who by utilizing any of the Group’s employee breached any legislated law, notification should be made immediately to the Chief Executive Officer who may in discretion order enforcement action against the parties concerned. The identity of the whistleblower shall be protected at all times.

    4. Escalation of Report

      The escalation guide for a whistle blower report (only the nature of the report whilst the identity of the whistle blower is safeguarded) are as set out below:

      1. Report regarding HR officers/officers appointed by AC:

        Escalate to Chairman of AC

      2. Report regarding Director/HOD:

        Escalate to Chairman of AC/CEO

      3. Report regarding other officers or support staffs:

        Escalate to Director/CEO

      4. Report regarding CEO, Deputy CEO, CFO and Directors:

        Escalate to Chairman of AC and Sponsor

    5. Reports may be raised verbally or in writing. A whistleblower who wishes to make a written report is invited to use the attached form (Appendix 2) or use an open format. Minimally, the following information should be disclosed in open format:

      1. The background and history of the concern (giving relevant dates, time, names, etc);
      2. The reason why the whistleblower are particularly concerned about the situation.
    6. Method of Submission

      The complaints, on prescribed form or on open format, should be submitted in a sealed envelope to the authorised personnel identified in Section 4 who would escalate the nature of complaint as stated in the escalation guide in Section 5.4 of the escalation procedure. In addition, the whistleblower may e-mail his complaint to the Head of HR if he/she so wishes. The respective individual who wish to file a complaint verbally can call the Head of HR directly on the given phone number (+606-675-1302) or the Chairman of AC (+6012-201-6881) or e-mail at wpa@ughcc.com or wahpung.yip@ughcc.com .

Please click here for Appendix 1 - List of enforcement agencies to make complaints.

Please click here for Appendix 2 – Whistleblowing form