Whistle Blowing Policy

1. Introduction

Malaysian Global Innovation & Creativity Centre Berhad and (“MaGIC" or “Organisation”), is committed to achieving the highest standards of integrity from all its employees, directors and third parties dealing with MaGIC. MaGIC takes a serious view of any wrongdoing on the part of its employees, directors and persons associated with the organization.

2. Definitions

2.1. “CEO” refers to the Chief Executive Officer.

2.2. “Third Party” or “Persons Associated” refers to external parties with whom MaGIC has or plans to establish some form of business relationship. This includes, and is not limited to, partners, programme participants, contractors, sub-contractors, suppliers, vendors, advisors, consultants, agents, representatives, intermediaries, and others performing work or services with, for or on behalf of MaGIC;

2.3. “Board Audit Risk & Integrity Committee” or “BARIC” refers to Non-Executive Directors appointed and designated by the Board of Directors as the authority to manage, co-ordinate, direct, decide and recommend to the Board on the action to be taken on the allegations received of wrongdoings committed by any Members of the Board, CEO, Senior Vice President (SVP) and Vice President (VP).

2.4. “Ethics Administrator” or “EA” refers to Senior Manager, Integrity & Risk Management Unit (“IRM”) or any other officer appointed and designated by the CEO with the primary responsibility to receive, detect and verify reports of allegations of wrongdoings, or suspected wrongdoings, committed by MaGIC employees through wecare@mymagic.my or any other Whistle Blowing channel stated in this Policy.

2.5. “Good Faith” is an element of intention when the report is made without malice intent or consideration of personal benefit and the employees or any other persons have a reasonable ground or articulable facts to believe that the report is true and valid.

2.6. “Whistle Blowing” is a process used to describe the disclosure or revelation of information that one reasonably believes to be evidence of contravention of any laws or regulations of information that involves wrongdoings committed by MaGIC’s Employees or any other person.

2.7. “Whistle Blower” refers to a person who voluntarily chooses to disclose or reveal information in good faith with reasonable grounds to believe that the information disclosed to be evidence of contravention of any laws or regulations or wrongdoings committed by MaGIC employees or any other person.

2.8. “Wrongdoings” refers to contravention of laws and regulations, non-compliance of MaGIC’s policies and procedures, unlawful or unethical conducts, bribery, corruptions, financial malpractices or an act that would endanger the safety and health of the employees, the public and/or the environment.

2.9. “Mismanagement” or “Abuse of Authority” means theft, waste or manipulation of MaGIC’s funds, assets and confidential information, either committed intentionally or through reckless disregard for the purpose of self-interest.

2.10. “Conflict of Interest” means any situation in which a party has interests that could immorally or improperly influence that party’s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations.

2.11. “Evidence” or “Exhibit” means any physical object, record, document (in any form), testimony, or other information that tends to establish the existence or non-existence of an allegation or fact.

2.12. “False or Malicious Allegations” means allegations that are knowingly, deliberately or recklessly inaccurate or misleading, to gain some competitive advantage or cause harm to a person or entity.

2.13. “Misconduct” includes, but not limited to, the failure to observe MaGIC Code of Conduct, laws and regulations, MaGIC’s policies and procedures including this Policy and all the other duties of employment, either expressed or implied.

2.14. “Witness” who provides information or evidence voluntarily or at the request of MaGIC regarding a matter under investigation.

2.15. “Whistle Blowing Committee” or “WBC” refers to a MaGIC of employees appointed and designated by the CEO as the authority to manage, co-ordinate, direct, decide and recommend to the CEO on the action to be taken on the allegations received of wrongdoings committed by employees of in the post of Senior Manager and below.

3. Objective

This Policy is intended to encourage and to provide avenue for employees or any other persons including the general public to raise concerns in good faith on any wrongdoings or suspected wrongdoings committed by MaGIC employees or person associated with MaGIC, in relation to mismanagement or abuse of authority, bribery, corruption, fraud, financial malpractices or any breach of laws and regulations that have serious in nature or have grave repercussion to MaGIC. The Policy serves to provide a formal channel of communication for the employees, public and persons associated with MaGIC to raise concerns in an accountable, responsible and timely manner.

The Policy also make clear that any such concern can be raise without a fear of victimization, recrimination, discrimination, or disadvantage towards the employees or any other persons reporting to the concerns.

4. Scope

4.1. Employees, directors and third parties can report a Whistle Blowing complaint if they are aware of any wrongdoing, including but not limited to the following:
i. Bribery & corruption
● Giving or offering bribery
● Accepting or soliciting bribery
● Using position/office for gratification
● Forgery of document or false claim
● Facilitation payment and kickback
● Conflict of interest
● Unlawful contribution/donation
ii. Criminal breach of trust
iii. Accounting fraud
iv. Misappropriation of assets
v. Misuse of confidential information
vi. Sexual harassment
vii. Other illegal activities. non-compliance or ethical matters that are serious in nature and/or of grave repercussion.

4.2. MaGIC encourages Whistle Blowers to reveal their details such as name, telephone number and email when raising concerns so as to facilitate investigations, provide protection and feedback.

4.3. Whistle Blowers may lodge a report or disclose the wrongdoing by completing the Whistle Blowing Form and email the form to wecare@mymagic.my.

4.4. This Policy governs the reporting, receipt, protection, retention, treatment and verification of wrongdoings information, as described in this Section under item 4.1 of this Policy, committed by MaGIC employees, directors and Persons Associated with MaGIC..

4.5. This Policy excludes any issues, concerns about:

a) Matters which are trivial, malicious, defaming, false or motivated by  personal agenda or ill intention;

b) Matters pending or determined through MaGIC’s disciplinary proceeding;

c) Matters pertaining to employees’ grievances;

d) Matters pending or determined through any tribunal or authority or court or arbitration or other similar proceedings; and

e) Matters pertaining to participants’ complaints on MaGIC programmes.

4.6. MaGIC encourages all its employees to reveal their identity when raising concerns so as to facilitate investigation, to provide protection for the employee as well as to provide feedback to the employee.

5. Principles

This Policy is guided by the following principles:

5.1. MaGIC is committed to constantly display integrity, transparency, impartiality and accountability in the conduct of MaGIC’s business affairs. Management expects wrongdoings to be reported and facilitates this through internal communication mechanisms.

5.2. An employee has a duty to report wrongdoing even if it involves management staff or directors.

5.3. This Policy always reflects management’s philosophy to stand ready and acts as an early warning system to identify problems or pre-empt a situation detrimental to MaGIC’s well-being.

5.4. Management will pursue all reasonable steps to protect Whistle Blowers’ disclosure in good faith and to ensure that they are not subjected to any form of retribution.

6. Assurance of Protection

6.1. MaGIC is committed in upholding the Policy. Employees or any other persons (Whistle Blower) who raise concerns in good faith, reasonably believed to be true and valid.

6.2. MaGIC will protect Whistle Blowers, who raised concerns in good faith, from any form of retaliation or discrimination action.

6.3. MaGIC will protect the identity of Whistle Blower from unauthorized disclosure before, during or after an investigation.

6.4. If the Whistle Blower was or is involved or associated in the wrongdoing, the employee is encouraged to make voluntary disclosure and their admission and cooperation will be given due consideration in determining the appropriate disciplinary action

7. Confidentiality

7.1. The Whistle Blower’s identity will always be protected and treated as confidential unless required under the provisions of law and for the purpose of conducting a competent investigation. The Whistle Blower’s identity will only be known to the Ethics Administrator (EA).

7.2. If there are any other circumstances in which the EA is required to reveal the Whistle Blower’s identity beside those as mentioned in 7.1 above, the EA will inform the Whistle Blower concerned in written format. Under no circumstances will the EA reveal the Whistle Blower’s identity without the knowledge and consent of the Whistle Blower concerned.

7.3. All information disclosed by Whistle Blower’s will remain confidential provided such information has not been disclosed to any other parties and, as necessary to conduct investigation and to take remedial action. The EA will use all available means, including physical, electronic and procedure controls, to maintain the confidentiality of information obtained from the Whistle Blower.

7.4. The frequency of contact with the Whistle Blower will be kept at a minimum and at a location agreed by the Whistle Blower. The meeting and discussion with the Whistle Blower will only be held for the purpose of obtaining clarity of information provided during investigation through the EA.

7.5. The WBC and the CEO will have access to the files and records, and the authority to determine whether such files and records, unedited or redacted, may be shared with other parties on a need to know basis. An authorized employee who has actual conflicts of interest or who have recused themselves from an investigation will not be privy to any information on such investigation.

8. Retaliation

8.1. Employees of MaGIC are prohibited from taking retaliatory action against Whistle Blower who has raised a concern in good faith. Any employees of MaGIC who violated this Policy will be subjected to disciplinary action including termination employment.

8.2. Employees, who have raised concerns in good faith, reasonably believed that they have been subjected to retaliation, as a direct consequence for making a disclosure under this Policy, may consult the WBC. The WBC shall take immediate action to investigate the concern.

8.3. If the concern is proven to be true, the WBC shall make a recommendation to the CEO on the appropriate disciplinary action against any MaGIC employees who are involved in the said retaliation action.

9. Exception

The right of the Whistle Blower for protection under this Policy does not include immunity for any involvement or interest in the matters that are the subject of the allegations and the subsequent investigation. If the employee was or is involved in the wrongdoing, the employee is encouraged to make a disclosure and the voluntary admission will be given due consideration.