UOA REIT is committed to the highest standards of integrity, honesty, and ethical behaviour in the conduct of its business and operations. With this in mind, the enhanced Whistle Blowing Policy ("the Policy") has been formulated to enable employees within UOA REIT, business partners and members of the public to report instances of unethical behaviour, actual or suspected fraud and/or abuse within the Company. The implementation of the Policy is also in line with the Whistle Blower Protection Act 2010, Companies Act 2016, Malaysian Anti-Corruption Commission Act 2009, Capital Market and Services Act 2007, Personal Data Protection Act 2010 and all applicable laws and regulations in Malaysia.
The definitions of some of the key terms used in this policy are given below:
This Whistle Blower Policy applies to UOA REIT. This policy is not to nullify the Grievance Procedure and/or Disciplinary Action Process and Procedure but to provide alternative means for employees and members of the public to raise a concern outside the normal reporting channels. This policy will not apply to personal grievances concerning an individual’s term and conditions of employment, or other aspects of working relationship, complaints of bullying or harassment or disciplinary matters. Such complaints should be dealt under the existing Human Resource procedures in the Code of Conduct adopted by the Company. All issue arises due to term of employment should be channel to Head of Human Resources rather than Whistle Blowing Channel.
The objective of this Policy is to provide a process for employees and members of the public to raise genuine concerns in regards to UOA practises or procedures. The Whistle Blower's role is that of a reporting party with reliable information. They are not required or expected to act as investigators or finders of facts, nor would they determine the appropriate corrective or remedial action.
Whistle Blowers should not conduct any investigative activities, nor do they have a right to participate in any investigative activities. The procedures elaborated within this Policy are confined to those situations where a Whistle Blower may need to make the necessary Confidential Disclosures. As a guide, the types of malpractices covered are listed on Attachment 1 of this Policy.
All employees (including full-time, part-time and temporaries), directors, shareholders, consultants, agents, suppliers, vendors and contractors of UOA REIT and its subsidiaries and associates are allowed to disclose any wrongdoing that may adversely impact the Company. The Disclosures may be in relation to matters concerning UOA REIT or any of its subsidiaries. UOA REIT is committed to this Policy and assures that the Whistle Blower will not suffer any form of retribution, victimisation or detriment. If the Whistle Blower could prove that they have been subjected to retribution, victimisation, or detriment because of using this policy, disciplinary action will be taken against the perpetrator. However, protection will only be given to whistle blower that fit the clause 9.4 of this policy.
6. INFORMATION & DETAILS
The Whistle Blower is required to provide his/her information through the online reporting form attached herewith as Appendix 1.
8. REPORTING OF OUTCOME
If the Whistle Blower is dissatisfied with the outcome of the investigation, the Whistle Blower may submit another detailed report explaining why this is the case and the concern will be investigated again if there is good reason to do so.
9.1. No unfair treatment will be meted out to a Whistle Blower by virtue of his/her having submitted a Confidential Disclosure under this Policy. UOA REIT, as a policy maker, condemns any kind of discrimination, victimisation, harassment or any other biased employment practice adopted against Whistle Blowers. Complete protection will, therefore, be given to a Whistle Blower against any unfair practice like retaliation, threat or intimidation of termination/suspension of service, disciplinary action, transfer, demotion, refusal of promotion, or the like including any direct or indirect use of authority to obstruct the Whistle Blower's right to continue to perform his/her duties including making further Confidential Disclosure. If a Whistle Blower is required to give evidence in criminal or disciplinary proceedings, the Company will arrange for the Whistle Blower to receive advice about the procedure.
9.2. The identity of Whistle Blowers shall be kept confidential to the extent possible unless otherwise required by law or for purposes of any proceedings by or against UOA REIT. Whistle Blowers are cautioned that their identities may become known for reasons outside the control of the Company. The identity and personal information of the Whistle Blower as well as the person implicated in the Confidential Disclosure may be revealed to persons involved in investigations or any other processes that are deemed necessary to assist investigations.
9.3. Any other Employee or Members of the public assisting in the said investigation shall also be protected to the same extent as the Whistle Blower.
9.4. Protection will be accorded by UOA REIT only when the Whistle Blower satisfies all the followings conditions:
9.5. Vendors and Members of the public who become a Whistle Blower will also be protected by UOA REIT as to his/her/its identity subject to satisfying all conditions in 9.4 above.
While it will be ensured that genuine Whistle Blowers are accorded complete protection from any kind of unfair treatment, any abuse of this protection will warrant disciplinary action. Protection under this Policy will not mean protection from disciplinary action arising out of false, frivolous, baseless or bogus allegations made by a Whistle Blower knowingly. If the investigation later reveals that the Confidential Disclosure was made with a malicious intention, appropriate action could be taken against the Whistle Blower.
If an investigation concludes that an improper or unethical act has been committed, the matter should be handled in accordance with the existing Disciplinary Procedures as specified in the Code of Conduct adopted by the Company.
Subsequent to the investigation result, additional internal control shall be recommended for Management consideration to ensure repeated offence on same nature can be mitigated.
13. RETENTION OF DOCUMENTS
All Confidential Disclosures along with the results of investigation relating thereto shall be retained by the Company for a minimum period of seven years. Any leakages or exposure of the results of the investigation will be treated as wrongdoing as the wrongdoer will be subject to appropriate punishment set by the ARMC according to the prevailing laws and policies.
The Company reserves its right to amend or modify this Policy in whole or in part, at any time without assigning any reason whatsoever. This document is proprietary to UOA REIT and it shall not be reproduced in any form, or be transmitted electronically, or through other means or quoted or referred to in any public documents or media without prior written consent from UOA REIT.
Notes to Whistle Blowing Policy
As a guide, the types of malpractices covered under the Whistle Blowing Policy include the following examples (but not conclusive):
Note: Any criminal act against the governing law of Malaysia will be dealt with the governing authority or bodies without participation from Companies and shall not fall into the UOA Whistle Blowing preview.
WHISTLE BLOWING FORM