The policy applies to all employees, including full-time, part-time and temporaries, and agents, contractors, suppliers and customers of Gamuda Berhad and its subsidiaries and associates (Gamuda Group).
3.1 The whistleblowing policy is primarily for concerns where the interests of others or the Group are at risk. It is designed to encourage employees to report alleged malpractices or misconduct, to ensure that all allegations are thoroughly investigated and suitable action taken where necessary.
3.2 An employee, who had acted in good faith, is protected against adverse employment actions (termination, demotion, suspension, harassment, or other forms of discrimination) for raising allegations of malpractice or misconduct.
3.3 On the other hand, should an employee maliciously raise a matter which he / she knew to be untrue, it would likely constitute a gross misconduct, and would be dealt with under the Company’s Disciplinary Procedures.
3.4 Every effort will be made to protect the anonymity of the whistleblower; however there may be situations where it cannot be guaranteed.
3.5 Malpractice and misconduct Below are some examples, albeit not an exhaustive list, of malpractice or misconduct: (i) Unprofessional treatment of agents, contractors, suppliers or customers by an employee (ii) Criminal offence (iii) Corrupt practice (iv) Defrauding any company in Gamuda Group (v) Sexual harassment (vi) Miscarriage of justice (vii) Endangering the health and safety of any individual (viii) Breach of standing financial instructions (ix) Breach of employee’s code of conduct (x) Deliberate concealment of any of the above.
5.1 An employee who reasonably believes that a malpractice or misconduct is occurring should raise the issue with any of the following Designated Executives
Head of Legal & Secretarial
Head of Internal Audit
5.2 This may be done in person or in writing. If in writing, the nature of concern, the reason for making the disclosure and the details of the individual or party under suspicion should be clearly stated.
5.3 All incidences of whistleblowing to a Designated Executive have to be reported to any Executive Director, or Chairman of the Audit Committee.
5.4 Protection for Whistleblower
5.4.1 Employees who believe they are being penalized in any way for whistleblowing or who believe that there has been cover up of the action disclosed should write to the Chairman of the Audit Committee.
5.4.2 If requested by the whistleblower all reasonable steps will be taken to protect the anonymity of the whistleblower. However under certain circumstances to assist with the investigation the individual’s identity may become known or needs to be revealed but approval will be sought from the whistleblower first for disclosure of the individual’s identity.
5.5 Disciplinary Action
5.5.1 If the claim of malpractice or misconduct is substantiated, appropriate disciplinary action will be taken against the responsible individual(s) which may include termination of employment.
5.5.2 An act of retaliation or victimization against the whistleblower will result in disciplinary action, which may include termination of employment.
5.5.3 The malicious use of the whistleblowing policy will result in disciplinary action against the whistleblowing complainant, up to and including the termination of employment.