a Wilson Kwan 14 éve
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However, malicious allegations may result in disciplinary action, unless in good faith
Victimisation of WB will face disciplinary action
Confidentiality - State that identiy will be protected
Psychological Welfare - who can he talk to if he feels he has suffered a detriment
Develop procedures for investigatng compalints
Include that WBer, if involved in fraud, does not lessen guilt but will be considered
Update WBer, Board, AC the progress
Reveal who will be informed to proceed with follow up
Investigation should start after report has been made (documented)
Serious improper conduct
Unlawful
Wrong Financial Reporting
Only serious concerns having large potential impact
External
External/outsourced internal auditor
Company appointed outside lawyer
Company Appointed WBer Service provider
Ethics Hotline
Internal
AC/ AC Chairman
Should be one of the persons to disclose to
Should be kept informed of complaints and investigation
Designated ethics officer
Company Secretary/Legal Counsel
HR of Internal Audit
HR head
CEO/CFO
Line Manager
Less independent
Member of Public
Customers
Vendors
Contract workers
Should give assurance in the policy that confidentiality matters
Should allow this eventhough it will be harder to investigate
Treat anonymous complaints
Establish rules for complaint treatment
All attorneys are mandatory whistleblowers
UK Public interest Disclosure Act
Disclosures that are auto-protected
Health and Safety matters
About Serious Failures
Disclosure are protected if reported to
Minister
Legal Adviser
Prescribed person
employer via internal procedure
Only qualifying disclosures
Deliberate cover up for the above
Damage to environment
Danger to health/safety
Miscarriage of justice
Breach of legal Obligation
Criminal Offence
SOX
Prohibit retaliation on WBer, fine/imprisonment
Against prejudicial treatment of WBer
Code of conduct made publicly available
NYSE - Code of buisness conduct and ethics to be disclosed, if waived, must be disclosed
SOX - comply or explain on code of ethics of the company applying to Sr financial officers
Suppliers
Business partners
Employees
Exec is the key person in handling a certain thing
Legal sanctions is limited (Asia)
Hard to prove
Publicise
Board endorsement and circulation
Specify disciplinary actions
Make part of duty to whistleblow
Make code part of employment contract
Contact person if in doubt
Training
Give checklist, prescribed steps, questions to ask oneself before making decision
User-friendly
Positive tone - What should be done, not what should not be done
Plain personal Language
Include duty to act honestly, fairly and integrity
Common Legal/ethical issue from the organisation
Specific examples
All levels of employees and Directors