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Whistleblowing Policy

1. POLICY STATEMENT 

1.1 Tech3 Solutions Sdn Bhd (“Tech3”) is committed to conducting business in an ethical and honest manner, and is committed to implementing and enforcing systems that ensure unlawful acts is prevented. 

1.2 Nevertheless, a business wrongdoing (“Wrongdoing”) can always occur despite a sound system of internal controls and corporate governance standards. 

1.3 Through this Whistleblowing Policy, Tech3 provides avenues for its associates and members of the public to disclose any improper conduct within Tech3. 

1.4 We also view any harassment or retaliation in any form or manner against a genuine whistle-blower seriously, and will treat such action as gross misconduct, which if proven, may lead to disciplinary action, including, without limitation, termination of the relevant employment, or contract/agreement, as the case may be. 

2. SCOPE 

2.1 The guiding principles of the Whistleblowing Policy are as follows:-

  1. To facilitate the Disclosure of Wrongdoing (“Disclosure”) as early as possible and in a responsible manner by putting into place internal procedures. 
  2. To address a Disclosure in an appropriate and timely manner. 
  3. To protect a Whistle-blower from reprisal (“Detrimental Action”) as a direct consequence of making a Disclosure and to safeguard such person’s confidentiality; and
  4. To treat both the Whistle-blower and the alleged wrongdoer fairly. 


2.2 Disclosure means a statement made by a Whistle-blower whether verbally or committed into writing, to any members of the Tech3 Ethics committee. When Disclosure matters are addressed, they may be prioritised according to the nature or gravity of the alleged Wrongdoings or reported risks and the magnitude of the repercussions. 


2.3 The Whistle-blower will be informed of the status of his or her Disclosure.  The alleged wrongdoer will be informed of the allegations (though not necessarily at the start of the investigation) and given an opportunity to answer the allegations. The identities and personal information of the Whistle-blower and the alleged wrongdoer will be revealed to persons involved in investigations or any other processers on a “need to know basis” only. 


2.4 Confidential Information is information that cannot be disclosed which includes information about the identity, occupation, residential address, work address, contact details such as mobile phone number or landline number or the whereabouts of a Whistle-blower; a person against whom a Whistle-blower has made a Disclosure of Improper Conduct; information disclosed by a Whistle-blower; and information that, if disclosed, may cause detriment to any person. 


2.5 The Whistle-blower Policy applies both to Tech3 and to third parties.

3. WHO CAN DISCLOSE

3.1 Any of the following persons (“Whistle-blower”) can make a Disclosure: 

  1. Tech3 associates including permanent, contractual, on secondment or internship; and 
  2. Persons performing services for Tech3 including contractors, suppliers and consultants. 

3.2 Tech3 strongly encourages any associate who becomes aware of a Wrongdoing to make a Disclosure. 

3.3 Whistle-blowers can be exposed to substantial risks while acting in good faith for the good of Tech3. Therefore, any Whistle-blower who may have suffered any Detrimental Action in reprisal against a Disclosure of Wrongdoing under this Policy are encouraged to also make a Report. 

4. WHAT TO DISCLOSE 

4.1 A Disclosure may be made under this Policy if it relates to any of the following Wrongdoings by any persons in the conduct of Tech3’s business or affairs, these include but is not limited to the following Improper Conducts: 

  1. Criminal offences, unlawful acts, fraud, corruption, bribery and blackmail; 
  2. Failure to comply with legal or regulatory obligations; 
  3. Misuse or misappropriation of Tech3’s funds or assets; 
  4. An act or omission which creates a substantial and specific danger to the lives, health or safety of the associates or the public or the environment; 
  5. Unsafe work practices or substantial wasting of Tech3 resources; 
  6. Conflicts of interest or abuse of power; 
  7. Misuse of confidential information; 
  8. Sexual harassment;
  9. Acts or omissions which are deemed to be against the interest of Tech3, laws, regulations, or public policies; 
  10. Giving false or misleading information (including suppression of any material facts or information);
  11. Non-compliance or breaches of Tech3 policies or Code of Conduct; or 
  12. Concealment of any of the above. 

4.2 Detrimental Action is any reprisal action against a Whistle-blower, including but not limited to: 

  1. Action causing injury, loss or damage; 
  2. Intimidation or harassment;
  3. Interference with the lawful employment or livelihood or any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or the taking of disciplinary action; or 
  4. A threat to take any of the actions referred to above.

4.3 Wrongdoing could occur in various ways and in any place, for example, at a marketing or charity event, or during a work-related conference attended by an associate.

4.4 If an associate is unsure whether a particular act or omission constitutes a Wrongdoing under this Whistleblowing Policy, the associate is encouraged to seek advice or guidance from his or her head of department, or the Director of Human Resources or, where necessary, the Chief Executive Officer (CEO).

5. ACTING IN GOOD FAITH

5.1 This Whistleblowing Policy is only for genuine concerns of a serious or sensitive nature, and excludes any issues, complaints or concerns about:

  1. Matters which are trivial or frivolous or malicious or vexatious in nature or motivated by personal agenda or ill will; 
  2. Matters covered by Tech3’s Human Resource procedures;
  3. Matters pending or determined through Tech3’s disciplinary proceedings; and
  4. Matters pending or determined through any tribunal or authority or court, arbitration or other similar proceedings. 

5.2 If allegations are proven to be malicious, parties responsible may be subject to appropriate action, up to and including immediate dismissal and/or legal action, where applicable.

6. HOW TO MAKE A DISCLOSURE

6.1 Any individual i.e. the Whistle-blower, who has reasonable suspicions of a Wrongdoing should take their concerns to ANY members of the Tech3 Ethics Committee comprising of the Director of Human Resources, Head of Finance, Director of Strategic Planning and Business Support, and any designated associate that may be appointed by the Chief Executive Officer (CEO) or the Board Of Directors from time to time. 

6.2 A Disclosure can be made orally or in writing. The member of the Ethics Committee will commit to writing the Disclosure made verbally and the Whistle-blower is to confirm by signing on the written statements.

  1. A Whistle-blower should come forward with any information or document that he or she, in good faith, reasonably believes discloses a Wrongdoing is likely to happen, is being committed or has been committed; 
  2. If he or she knows that there are serious risks that a Wrongdoing is going to take place, such genuine concerns should be raised at that early stage; 
  3. The Whistle-blower needs to demonstrate that he or she has reasonable grounds for the concerns but is not expected to first obtain substantial evidence of proof beyond reasonable doubt when making a Disclosure; 
  4. If a Whistle-blower was or is involved in a Wrongdoing, he or she is encouraged to make a Disclosure and the voluntary admission will be given due consideration. However, the protection provided by this Policy may not apply depending on the nature or gravity of the Whistle-blower’s involvement or the Wrongdoing. 

6.3 It is recognised that for some individuals, raising a concern under this procedure may be a daunting and difficult experience. A Whistle-blower may choose to be accompanied at any stage of this procedure. 

6.4 A Disclosure shall include at least the following particulars:

  1. If the Whistle-blower is an associate of Tech3, to disclose his or her name, designation, current address and contact numbers (part of the Confidential Information); or
  2. If the Whistle-blower is not an associate of Tech3, to disclose his or her name, name of employer and designation, current address and contact numbers (part of the Confidential Information);
  3. Basis or reasons for his or her concerns including as many details of the Wrongdoing as reasonably possible, for example, its nature, the date, time and place of its occurrence and the identity of the alleged wrongdoer;
  4. Particulars of witnesses, if any; and
  5. Particulars or production of documentary evidence, if any. 

6.5 The Whistle-blower may be asked to provide further clarifications and information from time to time, for example, if an investigation is conducted. 

6.6 Disclosures that do not allow the actual identity or information sufficient to contact the Whistle-blower will not qualify for Whistle-blower protection. 

7. ANONYMOUS DISCLOSURE

Anonymous disclosures are allowed under this Whistleblowing policy. However, please note that this may hinder investigations as follow-up questions may be necessary.

8. WHISTLEBLOWER PROTECTION

8.1 Upon making a Disclosure in good faith, based on reasonable grounds and in accordance with the procedures in this Policy: 

  1. the Whistle-blower will be protected from a reprisal by way of Detrimental Action within Tech3 as a direct consequence of his or her Disclosure. 
  2. the Whistle-blower’s Confidential Information will be kept confidential so far as necessary to protect the Whistle-blower from discovery, except required by law, the Courts and/or the enforcement agencies. 

8.2 The Confidential Information of the Whistle-blower and the alleged wrongdoer may be revealed to persons involved in investigations or any other processes strictly on a “need to know” basis. 

8.3 Where a Whistle-blower has acted in good faith, on honest and reasonable grounds at the material time, Tech3 is committed not to take any action(s) against such persons, including but not limited to: 

  1. Dismissing or threatening to dismiss the Whistle-blower;
  2. Taking disciplinary action or threatening to discipline against the Whistle-blower, or suspending or threatening to suspend the Whistle-blower;
  3. Subjecting the Whistle-blower to any form of harassment or abuse;
  4. Imposing any penalty, directly or indirectly, on the Whistle-blower:
  5. Discharging, demoting or discriminating against the Whistle-blower.

8.4 Such protection is accorded to the Whistle-blower, even if the investigation later does not lead to any corrective action being taken to the person(s) against whom the Report was made. 

9. NOTIFICATION

9.1 The Whistle-blower will be accorded the privilege to be notified on the outcome of the disclosure, upon the completion of the whistleblowing process and procedures. 

9.2 If the Whistle-blower is not satisfied with the response received and any subsequent action taken, they should put their concerns in writing to the Chairman of Board of Directors who will arrange any further investigation as he thinks appropriate. The Chairman will send a written response to the Whistle-blower. 

10. WHISTLEBLOWING CHANNELS

10.1 Any Improper Conduct that discovered or genuinely suspected by the Whistle-blower shall be reported immediately. 

10.2 Complete the Whistleblowing Form (attached to this policy) to disclose Wrongdoings and can be submitted by the Whistle-blower as follows: 

  1. Emailing to whistleblowing@tech3.my .
  2. Submit online form at https://forms.office.com/r/8MLAfC77VB .
  3. Submit in a SEALED envelope marked PRIVATE & CONFIDENTIAL and addressed to ANY members of the Ethics Committee.
  4. Contact ANY members of the Ethics Committee for a PRIVATE & CONFIDENTIAL meeting. The meeting may be recorded to enable the member of the Ethics Committee to draft the Disclosure into a written statement that will be confirmed and signed by the Whistle-blower.

11. WHISTLEBLOWING PROCEDURES

11.1 The Whistleblowing Report will be escalated to the Ethics Committee to establish and record the basis of the Disclosure that have been raised and establish what further actions are required. 

11.2 The Ethics Committee may exclude any of its member(s) from further knowledge of the Disclosure and investigation if determines that the member(s) may be conflicted by the Whistleblowing Report. 

11.3 In the case of Disclosures on alleged fraud and corruption, the Ethics Committee will inform and seek consultation from the CEO on further actions.

12. RECORD KEEPING AND MONITORING

12.1 The Ethics Committee shall keep a log of all Whistle-blower Reports received and maintain proper records in relation to those Reports accordingly. 

12.2 The Ethics Committee shall provide the Board Of Directors with a quarterly update on the number, nature and status of Whistleblowing Reports received, and any other relevant information in relation to the implementation of this Policy.