Whistleblower
Protection FAQs
The Challenge Group has established a framework for the protection of whistleblowers, inclusive of a documented policy and reporting channels, to receive and investigate in full confidentiality reports made by the workers of the Group, including subsidiaries and affiliates and also, to any extent possible, reports made by any of the Challenge Group’s agents and suppliers and by any person who acquires information through their work-related activities with the Challenge Group.
Any worker of the Group may submit a disclosure as per all the details outlined in the policy.
A disclosure is the oral or written reporting of a breach and/or improper practice that took place within the Challenge Group, and which became known in a work-related context.
An internal disclosure is the reporting of a breach and/or improper practice internally, through the appropriate reporting channels.
An external disclosure is the reporting of a breach and/or improper practice externally i.e to the competent authorities.
A public disclosure is the reporting of a breach and/or improper practice in a public manner, for example, to mass media.
As the Challenge Group has set up dedicated, secure and confidential reporting channels, all workers are obliged by law to submit a report internally, prior to reporting the breach and/or improper practice externally or to the public. The only exception to this rule is when the identified breach and/or improper practice is of manifest danger, when there is a serious risk of retaliation or evidence being destroyed and/or when the disclosure was not adequately processed internally
A breach is an action or a serious of actions whereby a person within Challenge Group has failed or is likely to fail to comply with any legal obligation, or internal policy, to which he is subject. These include breaches concerning personal data, health and safety, financial reporting and the environment.
An improper practice is an action or a serious of actions that give rise to unethical behaviour, misconduct, corrupt practices or criminal activity. These include fraud, bribery, workplace violence and sexual harassment.
Workers of the Group, who have reasonable grounds to believe that a breach and/or improper practice has occurred in a work-related context, shall disclose such information to the designated Whistleblowing Reporting Officers at Challenge Group.
Any worker of the Group may submit a disclosure via email on the email addresses indicated in the policy.
Oral reporting is also acceptable. In this case, the worker shall contact one of the designated Whistleblower Reporting Officers to set up a private face-to-face meeting. Minutes of the meeting shall be recorded, approved by both parties, and retained on file. The identification details of the Whistleblower Reporting Officers have been disclosed in the Challenge Group Whistleblower Protection Policy.
Only the designated Whistleblower Reporting Officers have access to the reports. User access rights
attached to the email address provided above is also restricted to these persons.
No, you will not suffer retaliation or occupational detriment if you make a report in good faith. That is, if your report is made on reasonable grounds that a breach and/or improper practice has occurred in a work-related context at Challenge Group, and that the report is not made for personal gain.
The whistleblower benefits from protection under EU directive 2019/1937, which has now also been transposed in national legislation of member states. In addition to the whistleblower, persons who act as facilitators as well as involved colleagues or relatives of the whistleblower benefit from protection under this legal framework.
A facilitator is any natural person who assists a whistleblower during the reporting process and whose assistance remains confidential.
The identity of the whistleblowers will always remain confidential with the Whistleblower Reporting Officers, even after the conclusion of the investigation. The identity of a whistleblower will never be divulged to any other individuals within the Challenge Group.
Yes, anonymous reports are allowed. However, Challenge Group has developed this framework to encourage workers to report in confidence. Identification details allows the Whistleblower Reporting Officers to communicate, follow up and possibly obtain pertinent additional information, that will be used for the investigation process.
Anonymous disclosures are not protected at law. However, if your identification details are divulged after an anonymous disclosure is made, you will still be protected if your report was made on reasonable grounds and in good faith.
By law, the Whistleblower Reporting Officers are allowed up to a maximum of three (3) months to fully investigate and conclude their assessment. You may request feedback on the investigation process during these three (3) months. If you believe that your report was not adequately assessed by the Challenge Group, you may refer to the relevant external competent authorities in your
jurisdiction.
The whistleblower is afforded legal protection in such case, as mandated by the EU Directive. Within the Maltese context, a person who believes that detrimental action has been taken or is to be taken against him in reprisal for a protected disclosure may file an application to the First Hall, Civil Court.
In line with the EU Directive whistleblowers shall not incur liability of any kind in respect of a report or public disclosure, provided there were reasonable grounds and such was made in good faith; nor in respect of the acquisition of or access to the information which is reported, provided that such acquisition or access did not constitute a criminal offence.
Workers who make a report on a breach and/or improper practice, where the said worker was the perpetrator or an accomplice in the breach and/or improper practice may be subject to criminal proceedings.
Workers who make a report in bad faith may suffer disciplinary and legal action. Within the Maltese context, it is an offence punishable in accordance with article 101 of the Criminal Code to knowingly provide false information.
