Whistleblower Policy

Policy/Purpose

This Whistleblower Policy ( “Policy”) is implemented with the objective of fostering integrity and ethical behaviour at work place. This Policy sets out a formal and confidential channel for reporting of improper conduct in good faith with protection to individuals who reports activities believed to be illegal, dishonest, unethical, or otherwise improper.

Scope

This Policy shall be applied to all employees of the Company.

Definition and Interpretation

In this policy, the following definitions shall be applied:

• “Company” means fourtitude.asia Group companies, ie. fourtitude asia Sdn. Bhd. and all its subsidiaries and affiliated companies.

• “Communication Channel” means the communication channel with the Compliance Team which is at the email address: compliance@fourtitude.asia

• “Compliance Team” means an internal team within the Company which is formed to received Report from Whistle Blower and answer enquiry regarding this Policy.

• “Improper Conduct” means a conduct which is of public concern or Company’s internal concern which involves illegality, dishonesty or fraudulent in nature including the following:

  • Violation of law and regulation including bribery/ corruption and fraudulent activity.
  • Act that is likely to cause significant financial loss or costs to the Company.
  • Breach of Code of Conduct and Business Ethics or policies of the Company
  • Any act that would cause significant harm to the Company or any person.

• “Report” means the report regarding Improper Conduct lodged by a Whistle Blower.

• “Whistleblower” shall mean an employee who reports an incident or activity that he/she reasonably believe in good faith to be or will become illegal, dishonest, unethical, or otherwise improper.

Good Faith Requirement

1. Every Report must made in good faith. To be considered as in good faith, a report must at least not be made without supporting facts and must not be made with malicious intention or personal gain motive.
2. Each Report must be supported with reasonable and probable grounds. Baseless allegation will not be attended.
3. Any person who has not acted in good faith will not be entitled to the Protection under this Policy and meanwhile will be subject to disciplinary action and/or legal punishment.

The Protections

1. Retaliation

   1. Any user who has been proven to have misused / abused the Policy shall be taken serious disciplinary action, including dismissal.

   2. For the avoidance of doubt, the right of a Whistle Blower for protection against retaliation does not include immunity for any personal wrongdoing.

   3. If the investigation outcome on a reported Improper Conduct is not affirmative, the Whistle Blower will remain protected under this Policy as long as the report was made in good faith at the first place.

2. Confidentiality

   1. The identity of a whistle blower will be kept confidential to the maximum extent that is possible. However, identity may have to be disclosed for the purpose of conducting a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defence.

   2. For situation where identity of Whistle Blower is required to be disclosed, the Whistle Blower shall be notified first prior to making such disclosure.

   3. Individuals protected include

      1. the employee, or a person acting on behalf of the employee, who lodge a report on an Improper Conduct; or
      2. the employee who participates in a court action, an investigation, a hearing, or an inquiry held by a public body on a matter of public concern that is he/she has reported.

3. Other protection

   1. The Company may not discharge, threaten, or otherwise discriminate against an employee on any aspect that is relevant to the employee including but not limited to wages, terms, conditions, location, or privileges of employment.

   2. The Company may not disqualify an employee or other person who reports an Improper Conduct, or participates in a proceeding connected with an Improper Conduct, before a public body or court, from receiving any right, privilege, or benefit which he/she shall reasonably entitle to.

   3. The provisions of this policy do not

      1. require the Company to compensate an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
      2. prohibit the Company from compensating an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
      3. authorize the disclosure of information that is legally required to be kept confidential; or
      4. diminish or impair the rights of an employee under a collective bargaining agreement.

   4. Condition to protections

      1. Protections herein is available only for person who makes a report of information out of good faith, believing the information so reported is or about to become a matter of concern.
      2. Protections herein shall not be applicable for a person who is seeking protection for his/her own misconduct, unless it is the result of conduct by the person that was required by his or her employer.
      3. Before an employee initiates a report to a public body on a matter of public concern under this policy, the employee shall submit a written report concerning the matter to the Company’s Compliance Team unless it is believed with reasonable certainty the activity, policy, or practice is already known to the Compliance Team and management; or that an emergency is involved.

   5. Relief and penalties

      1. A person who misuses any part of this policy may subject to disciplinary action by the Company and if situation required, the Company may extend a case to the public authority for further investigation and action.

4. Whistleblowing Procedure

   1. All Report shall be lodged to the Compliance Team via Communication Channel.

   2. Upon receipt of a Report, Compliance Team will escalate the Report received to Human Resource manager for investigation to be carried out. If the Report involve Improper Conduct of employees of manager level then the investigation will be escalated to senior management of the Company.

   3. The whistle blower is not responsible for investigating the alleged Improper Conduct, or for determining fault or corrective measures; appropriate management officials together with human resource manager are in charged on these responsibilities.

Abuse of Policy

Anyone who is proven to have misused / abused this policy shall subject to serious disciplinary action, including dismissal.

Review and Update

The Company will monitor, review and/or update this Policy partly or as a whole from time to time when it deemed necessary in order to ensure compliance with governing laws and regulations and effectiveness of its implementation.