Introduction
The HbI Global Code of Conduct and other policies have been developed to ensure that we observe the highest standards of fair dealing, honesty and integrity in our business activities. At Hanes Australasia we are guided by our shared standards. These standards are the foundation of how we behave and interact with each other, our customers, suppliers, and other stakeholders. Together our standards reflect the priorities of the business and provide guidance in decision making. This Whistleblower Policy has been put in place to ensure our employees, customers and their employees, suppliers and their employees, officers, contractors and their employees, consultants and other disclosers (Disclosers) can report Reportable Conduct without fear of intimidation or reprisal.
Aim
The aim of this policy is to encourage Disclosers to report an issue if they reasonably believe someone has been engaged in Reportable Conduct. The policy outlines how Hanes Australasia will deal with whistleblowing reports and set out the avenues available to Disclosers in relation to Reportable Conduct. Whilst it is generally expected that these issues will be raised through the normal channels of line management, reporting by other avenues may be appropriate or necessary in certain situations.
Matters that should be reported
Any matter that a Discloser has reasonable grounds to believe is reportable as it breaches Hanes Australasia’ policies or the law should be reported in accordance with this Policy. Reportable conduct includes the following:
- dishonest behaviour
- fraudulent activity
- unlawful, corrupt or irregular use of company funds or practices
- illegal activities (including theft, dealing in or use of illicit drugs, violence or threatened violence and criminal damage against property)
- unethical behaviour, including anything that would breach the HbI Global Code of Conduct
- improper or misleading accounting or financial reporting practices
- a breach of any law relating to Hanes Australasia’ operations or activities
- behaviour that is oppressive, discriminatory or grossly negligent
- an unsafe work practice
- any behaviour that poses a serious risk to the health and safety of any person at the workplace
- a serious risk to public health, public safety or the environment
- any other conduct which may cause loss to Hanes Australasia or be otherwise detrimental to the interests of Hanes Australasia
Personal Work-Related Grievances
Personal work related grievances are not covered under this Policy and should be reported to your line manager or Human Resources representative. “Personal workplace grievances” means a grievance about any matter in relation to the Discloser’s employment, or former employment, having (or tending to have) implications for the discloser personally. This includes:
- an interpersonal conflict between the discloser and another employee
- a decision relating to the employment, transfer or promotion of the discloser
- a decision relating to the terms and conditions of employment of the discloser
- a decision to suspend or terminate the employment of the discloser, or otherwise to discipline the discloser
However, it does not include:
- any conduct that would be considered victimisation of an individual because they have made, may have made, or propose to make a report under this Policy
- a matter that would have significant implications for Hanes Australasia
Responsibility to report
Hanes Australasia relies on Disclosers to help maintain and grow its culture of honest and ethical behavior. It is therefore expected that any Discloser who becomes aware of Reportable Conduct to make a report.
Making a report
Employees should first report any matters of concern to their direct line manager or human resources advisor. Where this is not appropriate, where the person making a report does not feel comfortable making an internal report, or where an employee has made an internal report but no action has been taken within a reasonable time, the report can be made by an employee or Discloser using Hanes Brands Global Ethics and Compliance Resource Line or lodge a report via the HBI Resource Line website.
The HBI Resource Line web-page address is www.hbiresourceline.com and contact numbers are as follows:
- Australia: 1-800-23-7923
- New Zealand: 508761858
- South Africa: 0800-992-777
- China: 4008811280
- Hong Kong: 30713863
- United Kingdom: 0808-234-6909
- Indonesia: 0-80011-42637
- India: 000-8004401997
The information a Discloser provides to the HBI Resource Line is stored on servers hosted by NAVEX Global, Inc. in the USA (NAVEX Global). Unless otherwise required by law, the information provided to the resource line may only be reviewed and used by those individuals who need to access the data to fulfill their employment duties under this Policy.
Reporting to the Whistleblower Protection Officer
If a Discloser is unable or unwilling to use the external reporting mechanism for any reason, a report can be made directly to the Whistleblower Protection Officer (WPO). Reports to the WPO must be made in person or by telephone and the Discloser must first inform the WPO that they wish to make a report under this Policy.
Reporting to Eligible Recipients
If a Discloser is unable to use the HBI Resource Line or report the matter to the WPO, a disclosure can be made to an “eligible recipient” within the company.
Eligible recipients in relation to Hanes Australasia are the Group President International, Chief Financial Officer or Deputy General Counsel.
A report to an eligible recipient must be made in person or by telephone and the Discloser must first inform the eligible recipient that they wish to make a report under this Policy.
Support and Protections Available to Disclosers
A Discloser will not be subject to any civil, criminal or disciplinary action for making a report that is covered by this Policy, or for participating in any subsequent investigation by a Hanes Australasia. No employee, officer or contractor of Hanes Australasia may engage in detrimental conduct against a Discloser who has made or proposes to make a report in accordance with this Policy, because of such report or proposed report. All reasonable steps will be taken to ensure that a Discloser will not be subject to any form of victimisation, discrimination, harassment, demotion, dismissal or prejudice, because they have made a report. However, this Policy will not protect the Discloser if they are also involved in or connected to the improper conduct or illegal activities that are the subject of a report.
Anonymous Reporting
A report can be made anonymously. However, it may be difficult for Hanes Australasia to properly investigate or take other action to address the matters disclosed in anonymous reports. In circumstances where the Discloser has not consented to the disclosure of their identity, the matter may be referred for investigation, but the investigator will be required to take all reasonable steps to reduce the risk that the Discloser will be identified as a result of the investigation.
Information about a Discloser’s identity and information that is likely to lead to the identification of the Discloser may be disclosed where the:
- information is disclosed to a government agency
- information is disclosed to law enforcement
- information is disclosed to a legal practitioner for the purpose of obtaining legal advice
- Discloser consents
Support for Disclosers
Support available for Disclosers includes:
- connecting the Discloser with access to the Employee Assistance Program (EAP)
- appointing an independent support person from the human resources team to deal with any ongoing concerns they may have
- connecting the Discloser with third party support providers
Use of these support services by a Discloser may require the Discloser to consent to disclosure of their identity or information that is likely to lead to the discovery of their identity.
Whistleblower Protection Officer
Hanes Australasia has appointed a Whistleblower Protection Officer (WPO) who will safeguard the interests of any Discloser making reports under this Policy and will ensure the integrity of the reporting mechanism. The WPO will refer any reports that require further investigation to the Whistleblower Investigation Officer. The WPO reports directly to the Group President. The WPO also has access to independent advisers as and when required. The current WPO is the Group General Manager HR.
Whistleblower Investigations Officer
The WHO may appointed a Whistleblower Investigations Officer (WIO) who will carry out or supervise the investigation of reports made under this Policy. The WPO and WIO act independently of each other and the responsibilities of these roles do not reside with one person.
Investigating a report
Where a report is made under this Policy, the WIO will investigate the report. Where the WPO deems necessary, the WIO may use an external investigator to conduct an investigation, either in conjunction with the WIO or independently. Where the WPO deems necessary, the WIO may also use an external expert to assist with an investigation. All investigations will be conducted in a fair and independent manner and all reasonable efforts will be made to preserve confidentiality of an investigation. To avoid jeopardising an investigation, a Discloser who has made a report under this Policy is required to keep confidential the fact that a report has been made (subject to any legal requirements).Where a Discloser wishes to remain anonymous, the Discloser’s identity will not be disclosed to the investigator or to any other person except as specified under this Policy. Information that is likely to lead to the identification of the Discloser can be disclosed without the Discloser’s consent, provided that:
- It is disclosed for the purpose of reasonably investigating the matter; and
- All reasonable steps are taken to reduce the risk that the Discloser will be identified.
Support for Persons Implicated
No action will be taken against employees or officers who are implicated in a report under this Policy until an investigation has determined whether any allegations against them are substantiated. However, an employee or officer who is implicated may be temporarily stood down on full pay whilst an investigation is in process, or may be temporarily transferred to another office, department or workplace, if appropriate in the circumstances. Any such stand-down or temporary transfer may only continue for the duration of the investigation. If the investigation determines that the allegations are not substantiated, the employee or officer must be immediately reinstated to full duties. Any disclosures that implicate an employee or officer must be kept confidential, even if the Discloser has consented to the disclosure of their identity, and should only be disclosed to those persons who have a need to know the information for the proper performance of their functions under this Policy, or for the proper investigation of the report. An employee or officer who is implicated in a disclosure has a right to be informed of the allegations against them, and must be given an opportunity to respond to those allegations and provide additional information, if relevant, in the course of an investigation into those allegations (subject to the Discloser’s right to anonymity). Support available for persons implicated in a report under this Policy includes:
- access to the Employee Assistance Program (EAP)
- appointing an independent support person from the human resources team to deal with any ongoing concerns they may have
- connecting them with third party support providers
Investigation feedback
Wherever possible, and assuming that the identity of the Discloser is known, the Discloser will be kept informed of the outcomes of the investigation, subject to privacy and confidentiality considerations.
Reports to other bodies
In certain circumstances a Hanes Australasia and the Discloser may have a legal obligation to make a report to a statutory body or government department.
Disclosers should ensure that they comply with all such reporting requirements. The WPO can advise Disclosers on these reporting obligations.
Breach of this Policy
Any breach of this Policy will be taken seriously and may result in counselling and/or disciplinary action, up to and including summary dismissal.
General
It is a condition of any employment or engagement by Hanes Australasia that all employees, officers and contractors must comply at all times with this Policy. However, this Policy does not form part of any agreement between any person and Hanes Australasia, nor does it constitute terms and conditions of any person’s employment or engagement with Hanes Australasia. This policy will be made available to officers and employees of all Hanes Australasia companies by making it accessible from the Hanes Australasia internet home page and company website .
The contents of this document and any attachments are confidential and are intended only for use by the authorised recipient for the intended purpose. You must not distribute, use or copy this document or any attachments to it unless you have received prior written authorisation from Hanes Australasia. Whilst every effort has been made to ensure that the information contained on this document and any attachments is complete and accurate at the date of publication, HA gives no warranty as to the adequacy, accuracy or completeness of the information contained in it, and accepts no liability arising from any inaccuracy or omissions in or the use of or reliance on the information contained on this document and any attachments.