1. Scope of Application

  2. This policy applies to all members of the Board of Directors and employees of Kulim (Malaysia) Berhad and its Group of Companies (“Kulim”) and third parties.

    This policy covers any information or complaints received related to an “improper conduct”, committed or about to be committed. This policy does not replace Kulim’s existing policy for handling employee grievances which will continue to be handled by the Human Resource Division.

  3. Perspective of Policy

  4. Whistle-blowing is defined as disclosure of suspected or instances of improper conduct by stakeholders and any member of Kulim’s employees. The disclosures made by an individual who is known as the ‘informant’ or 'whistle-blower'.

    Kulim assures that all the information and identity of the informant or whistle-blower will be processed confidentially and securely. Any person who makes or receives a disclosure of improper conduct or obtain confidential information in the course of investigation into such disclosure shall not disclose the confidential information or any part thereof.

    The Whistleblower Protection Act 2010 provides a safe avenue for them to make disclosures of such alleged improper conduct (whistle-blowing) to the relevant authorities in good faith, by protecting their identities, providing them immunity from civil and criminal proceedings and protecting them from detrimental action.

  5. Improper Conduct

    Improper Conduct is defined as conduct or action which is unlawful and/or in breach of the Kulim's Code of Business Ethics, rules, regulations, guidelines, policies and procedures, both written and implied.

    Examples of Improper Conduct :

    1. Offence of accepting gratification
      • Accepts, obtains, agrees to accept or attempts to obtain, from any person in any form of gratification for personal interest or on behalf of others that related to official matters of Kulim.

    2. . Offence of giving gratification
      • Gives or agrees to give or offers to any person whether for benefit of that person or of another person that related to official matters of Kulim.

    3. Offence of intending to deceive principal
      • Forgery or alteration of a cheque, bank draft, or any other financial document
      • Impropriety of tender and procurement activities
      • Questionable or improper accounting
      • Submit and certify any claim contained false details

    4. Offence of using office or position for gratification
      • Abuse of power or authority
      • Actions or omissions which are considered to be against the interest of Kulim
      • Conflict of interest
      • Misuse or abuse of Kulim properties or resources or confidential information

    5. Allowing or assisting a person to commit any of the above instances of improper conduct.
    6. Detrimental action taken against whistleblower or persons closely associated with whistleblower.

    These examples are not exhaustive and any matter raised under this policy will be reviewed and considered appropriately.

  6. Details of Improper Conduct and Supporting Evidence 

    • Disclosures of improper conduct must be made with sufficient details and supported with documentary evidences and/or information of parties who are able to confirm or support the disclosures, wherever practicable

    • Disclosure of information with the intention to deceive, envy or any intention that contrary to the principles of law, regulations and the interest of Kulim will not be entertained

  7. Anonymous Complaints Without Address and Contact 

  8. Kulim encourages whistleblowers to disclose their identity or how they can be contacted. Anonymous information will be entertained, and be considered for action subject to the seriousness of the content of the disclosed information.

  9. Protection from Retaliation

    • Kulim assures that no action will be taken against any Whistle-blower on conditions that the information provided is in good faith and has no element of malicious intent;

    • Kulim views retaliation or reprisal against the Whistle-blower seriously. Kulim provides assurance to the Whistleblower that all disclosure are protected with confidentially.

    • Disciplinary action may be taken or a police report can be made against any employees or any person who involved in making a disclosure in bad faith or with the intention to tarnish the image of Kulim.

    • Employees or any person who wants to disclose or report any improper conduct is free to lodge a report to any enforcement agency if they choose to do so

    • Employees or any person who discloses improper conduct to any enforcement agency shall be protected under the Whistleblower Protection Act 2010.

  10. Immunity from Protection 

  11. The protection given to a Whistle-blower however does not include immunity from any investigations, disciplinary or other actions arising from any personal wrongdoings, acts of misconduct or nonperformance on his part.

  12. Whistle-Blowing Channels 

      1. Any improper conduct that is discovered or genuinely suspected shall be reported immediately to:
        • Whistle-Blowing E-Mail: whistleblowing@kulim.com.my

        • Whistle-Blowing E-Form: http://kulim.com.my/whistleblowing

        • Write a report

          Chairman of Board of Kulim (Malaysia) Berhad
          Level 11 , Menara KOMTAR
          Johor Bahry City Centre
          80000 Johor Bahru
          Mail : Mark Strictly Confidential

        • Write a report

          Chairman of Board of Audit And Risk Committee (BARC)
          Kulim (Malaysia) Berhad
          Level 11, Menara KOMTAR
          Johor Bahru City Centre
          80000 Johor Bahru
          Mail : Mark Strictly Confidential

        • Write a report or telephone or personally meet

          Head if Integrity Unit
          Kulim (Malaysia) Berhad
          K.B 705 Ulu Tiram Estate
          80990 Johor Bahru
          Mail : Mark Strictly Confidential
          Telephone : 07 - 863 1900
          (Office Hours: 8.00 am to 5.30 pm / Sunday to Thursday)

      2.    Whistle-Blowing