ANTI: BRIBERY, ANTI CORRUPTION COMPLIANCE AND ERADICATION OF SEXUAL HARASSMENT AT THE WORKPLACE

Investigating Bribery and Corruption

• Application of international Conventions on bribery and corruption in Malaysia
• Application of relevant laws in Malaysia and relevance of the Malaysian Anti-Corruption Agency
• Whether it is necessary for companies to have an internal policy on bribery, anti-corruption or conflict of interest
• Preliminary Investigation Steps (how to gather evidence)
• Determining the types of admissible evidence
• Using evidence to establish a case and to determine the right charges
• What to do when there is no clear-cut direct evidence

Investigation Techniques

• Determining when to disclose what in a bribery / corruption investigation session
• Investigating process, show cause, domestic inquiry and what is required in a case
• Cooperating with authorities (MACC, Commercial Crime) in handling similar cases
• Recovering losses as a result of conflict, fraud, bribery, etc through civil action

The Prevention and Eradication of Sexual Harassment At The Workplace

• Meaning of Sexual Harassment – identifying a wanted conduct and unwanted conduct
• Forms of Sexual Harassment – visual, verbal, gestural and physical harassment
• Understanding the law from the perspective of the Employment Act 1955
• Identifying potential risks to the Company in the event of an occurrence (risk associated to employees)
• Investigating a case – when and how should an investigation commence. i.e. identifying witnesses
• for a case, identifying evidence for case, building an investigation report
• Usage of circumstantial evidence when a case cannot be clearly proven
• Identifying useful grievance procedures for sexual harassment cases
• Prevention of sexual harassment cases by way of policy and campaign / awareness
• Complaint/Grievance Procedure
• Disciplinary Rules and Penalties
• Retaliation and case laws

SECTION 17A OF THE MALAYSIA ANTI-CORRUPTION COMMISSION ACT (MACCA)

Introduction to Bribery & Corruption under the MACC

• Definition of bribery and corruption
• Elements of bribery and corruption
• Types of relevant authorities and other legislations related to bribery and corruption
• Why it is necessary for companies to have an internal policy on bribery, anti-corruption policy

Interpretation of Section 17A

• Scope of section 17A
• Definition of Corporate Liability
• Guiding principles: T.R.U.S.T
• Code of conduct – is it good enough and how can Managers play an active part to reduce bribery/corruption

Enforcement of Bribery and Anti-Corruption Policy

• Definition of Gifts, Hospitality and Entertainment – Identifying red flags
• Definition and understanding contributions, facilitation payments and procurement.
• Dealings with Third parties and Public officials.
• Application of relevant laws in Malaysia and relevance of the Malaysian Anti-Corruption Agency
• Organizing systematic review and monitoring
• Setting up reporting channels – Whistleblowing/risk committee

• Comprehensive knowledge of anti-bribery and anti-corruption laws in Malaysia, including the Malaysian Anti-Corruption Commission Act (MACCA). 

• Practical skills to investigate bribery, corruption, and sexual harassment cases, including gathering evidence and collaborating with authorities. 

• Actionable strategies for creating internal policies, monitoring systems, and implementing a robust defense mechanism to protect your organization. 

• Insights into preventing sexual harassment at work through awareness campaigns, policy creation, and effective grievance procedures.