Whistle Blower Policy

1.Purpose

International laws create schemes protecting certain types of persons making qualifying disclosures (“Whistleblower Protection Scheme”). 

This Whistleblower Policy sets out when disclosures may qualify for protection under the Whistleblower Protection Scheme.

2.Key Principles

Sealy International (“Sealy”) is committed to the protection of people who disclose information about illegal or improper conduct, where all Disclosing Persons feel comfortable raising matters that are of legitimate concern.

Sealy recognises that a whistleblower program is an important element in deterring corrupt, illegal or other undesirable conduct.

3.Applicability

This Whistleblower Policy is applicable to Sealy in all locations where it operates and must be considered in conjunction with any legislation specific to the state or country of operation relative to a specific disclosure.

4.Definitions

In this policy:

Detriment’ includes without limitation:

(a)      dismissal of an employee;

(b)      injury of an employee in his or her employment;

(c)      alteration of an employee’s position or duties to his or her disadvantage;

(d)      discrimination between an employee and other employees;

(e)      harassment or intimidation of a person;

(f)      harm or injury to a person, including psychological harm;

(g)      damage to a person’s property, reputation, business or financial position; or

(h)      any other damage to a person.

Qualifying Disclosure’ means a disclosure qualifying under applicable laws, as summarised in paragraph 5.1 of this Whistleblower Policy.

5. Requirements for a Qualifying Disclosure

Qualifying Disclosures:

5.1     A Qualifying Disclosure under the Whistleblower Protection Scheme is when a Disclosing Person makes a disclosure to an Eligible Recipient (or an external disclosure) and the Disclosing Person has reasonable grounds to suspect that the information concerns a Disclosable Matter.

Disclosing Person:

  • A Disclosing Person is any current or former:
  1. officer (including a Director) or employee of Sealy
  2. individual who supplied goods or services to Sealy;
  3. employee of a person that supplies goods or services to Sealy;
  4. individual who is an associate of Sealy; and
  5. any individual who is a relative, spouse or dependant (or the     dependant of a spouse) of any of the above persons.

Who is an Eligible Recipient?

5.3     An Eligible Recipient is:

  1. any person authorised by Sealy to receive disclosures that may qualify for protection under the Whistleblower Protection Scheme; or
  2. any auditor (internal or external), or actuary of Sealy; or
  3. a Director or senior manager of any Sealy entity.

What is a Disclosable Matter? 

5.4     A “Disclosable Matter” under the Whistleblower Protection Scheme is information           that:

(a)        concerns misconduct or an improper state of affairs or circumstances in relation to Sealy; or

(b)        indicates that Sealy or any of its Directors, officers or employees have engaged in conduct that:

(i)      constitutes an offence against any laws of any country; or

(ii)      represents a danger to the public or the financial system.

Examples of what may be a Disclosable Matter include a breach of any legal or regulatory requirement or any Sealy Policy, including, for example:

  1. fraud;
  2. negligence;
  3. criminal offences;
  4. failure to comply with any legal obligation;
  5. unfair or unethical dealing with a customer, supplier or agent of Sealy;
  6. corrupt or unethical conduct;
  7. human rights abuses;
  8. risk to the health or safety of any person; or
  9. any deliberate concealment relating to any of the above.

5.5     Disclosures that concern personal work-related grievances do not qualify for protection under the Whistleblower Protection Scheme.

5.6     A disclosure will concern a personal work-related grievance of the discloser if the information:

  1. concerns 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; and
  2. does not have significant implications for Sealy; and
  3. does not concern conduct that:
  4. is an offence against another laws of any country; or 
  5. represents a danger to the public or financial system.

5.7     Examples of disclosures regarding personal work-related grievances that may not qualify for protection include:

  1. an interpersonal conflict between the discloser and another employee;
  2. a decision relating to the engagement, transfer or promotion of the discloser;
  3. a decision relating to the terms and conditions of engagement of the discloser; or

(d)        a decision to suspend or terminate the engagement of the discloser, or      otherwise discipline the discloser.

5.8     A disclosure could qualify for protection if it concerns a personal work-related grievance but also concerns alleged Detriment caused to the discloser (or a threat of Detriment).

5.9     Disclosures about personal-work related grievances that do not qualify for protection under the Whistleblower Protection Scheme will generally be dealt with under Sealy’s Fairness Policy and not as Disclosable Matters. 

Making a Disclosure

5.10 Whilst disclosures can be made to any Eligible Recipient, to enable the efficient investigation of the Disclosable Matter, Sealy encourages Disclosing Persons who have reasonable grounds to suspect a Disclosable Matter to make a disclosure by submitting a written report marked “Confidential” to Sealy’s Managing Director and/or General Counsel (who are authorised to receive such disclosures) as follows:

The Managing Director

Sealy International

1299 Boundary Road, 

Wacol QLD 4076

Australia

Email: privacy@sealy.com.au

The General Counsel

Sealy International

1299 Boundary Road,

Wacol Qld 4076

Australia

Email: privacy@sealy.com.au 

5.11   It is preferred that Disclosing Persons identify themselves when making a disclosure, as this greatly assists the investigation process. However, Disclosing Persons may choose to make their disclosure anonymously. In these circumstances the protections under the Whistleblower Protection Scheme still apply. Ideally, the Disclosing Person should provide sufficient information to allow the matter to be properly investigated and Sealy encourages the Disclosing Person to provide an anonymous email address (if possible) through which additional questions can be asked and information provided.

External Disclosures

5.12 Nothing in this Whistleblower Policy restricts the ability of a Disclosing Person to make a disclosure directly to a government agency, authority, or a legal practitioner for the purpose of obtaining legal advice or legal representation (in relation to the Whistleblower Protection Scheme). In certain specific circumstances, disclosures may also be made to journalists and elected representatives and Sealy recommends Disclosing Persons obtain independent legal advice in this regard. These disclosures also qualify for protection under the Whistleblower Protection Scheme.

Investigation of a Disclosable Matter

5.13   Upon receipt of a Qualifying Disclosure, an Eligible Recipient is responsible for ensuring that the matter is investigated as appropriate. This includes:

  1. deciding on the need for an investigation;
  2. appointing an investigation officer; and

(c)        receiving timely updates as to the progress and completion of investigations.

5.14   An investigation will generally involve making inquiries and collecting evidence for the purpose of assessing whether the Qualifying Disclosure can be substantiated.

5.15   Sealy employees about whom disclosures are made will generally be given an opportunity to respond to the relevant allegations made in the Qualifying Disclosure.

  1. Protections

Immunities

6.1     A Disclosing Person will not be subject to criminal, civil or administrative liability (including disciplinary action) by Sealy for making a Qualifying Disclosure.

6.2     No contractual or other remedy or right may be enforced or exercised against the Disclosing Person on the basis of the Qualifying Disclosure.

6.3     Disclosing Persons who make some types of Qualifying Disclosures are also provided immunities to ensure that information they disclose is not admissible in evidence against them in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information.

6.4     Except as provided for by 6.3, the fact that someone has made a Qualifying Disclosure does not prevent them from being subject to any civil, criminal or administrative liability for conduct of the person revealed by the disclosure.

Confidentiality

6.5     Under the Whistleblower Protection Scheme, Disclosing Persons making a Qualifying Disclosure are protected by the requirement that their identity and information that may lead to their identification, must be kept confidential, subject to relevant exceptions outlined below.

6.6     Exceptions to this are disclosures to a government agency, authority, or a legal practitioner for the purpose of obtaining advice about the application of the Whistleblower Protection Scheme or made with the consent of the eligible whistleblower.

6.7     The Disclosing Person’s identity and information which is likely to lead to the identification of the discloser can also be provided to any a government agency or authority for the purpose of assisting the authority in the performance of its functions or duties. This includes, but is not limited to, the police or authorities in a relevant location.

6.8     It is also permissible to disclose information which could lead to the identification of the discloser if the disclosure is reasonably necessary for the purpose of investigating the matter, if all reasonable steps are taken to reduce the risk that the discloser will be identified as a result of the information being disclosed.

6.9     Breach of these confidentiality protections regarding the discloser’s identity and information likely to lead to the identification of the discloser is a criminal offence and may be the subject of criminal, civil and disciplinary proceedings.

6.10 All Eligible Recipients must ensure that all information disclosed under this Policy is kept secure.

Prevention of Detriment 

6.11 Disclosing Persons are protected under the Whistleblower Protection Scheme from victimisation and suffering any Detriment by reason of the Qualifying Disclosure. It is unlawful for a person to engage in conduct against another person that causes, or will cause Detriment in circumstances where the person believes or suspects that the other person or any other person made, may have made, proposes to make or could make a Qualifying Disclosure, including making threats of Detriment.

6.12   Employees of Sealy found to have engaged in detrimental conduct on this basis will be subject to disciplinary action. Any person that engages in detrimental conduct may also be subject to civil and criminal liability (including imprisonment) under the Whistleblower Protection Scheme.

6.13 Where appropriate, Sealy will take all action deemed appropriate to safeguard the interests of the Disclosing Person and to ensure they are protected from Detriment for making a Qualifying Disclosure.

6.14 If any person becomes aware of detrimental conduct occurring, they should report this to Sealy’s Managing Director and/or Sealy’s General Counsel.

  1. Roles and Responsibilities

Disclosure

7.1     If a Disclosing Person becomes concerned about possible illegal, unethical or otherwise improper conduct that they think is not being properly handled within Sealy, it is critical that they take steps to advise Sealy through this Whistleblower Policy.

7.2     Sealy will take all reasonable steps to investigate disclosures and communicate its findings to a discloser.

Reporting and Training Obligations

7.3     In addition to the obligations outlined elsewhere in this Whistleblower Policy, the General Counsel must report to the Sealy Board of Directors on at least an annual basis, and otherwise as necessary in relation to all material Whistleblowing matters.

7.4     Sealy will provide training and updates on a regular basis to ensure that all relevant personnel’s knowledge in relation to Whistleblower related laws and regulations remains current. 

Interpretation of this Policy

7.5     Any questions in relation to the interpretation of this Whistleblower Policy should be forwarded to Sealy’s General Counsel.

  1. Compliance

Breaches

8.1     A breach of the protections provided under the Whistleblower Protection Scheme will be treated as a serious disciplinary matter.

8.2     Any deliberately false disclosures under this Whistleblower Policy will be treated as a serious disciplinary matter.

  1. Administration

Summary

9.1     A summary guide to the operation of this Whistleblower Policy is contained in Attachment “A” and will be adopted as part of the implementation of this Policy.

Review and Updates

9.2     This Whistleblower Policy will be routinely reviewed and updated as required by law.

Publication 

9.3     This Whistleblower Policy is published on Sealy’s websites and a copy provided to all Sealy employees.

ATTACHMENT “A”

WHISTLEBLOWER POLICY – SUMMARY GUIDE

___________________________________________________________________

  • Whistleblowing 

Sealy is committed to the protection of people who disclose information about illegal or improper conduct, where people feel comfortable raising matters that are of legitimate concern.

This is a summary guide to Sealy’s Whistleblower Policy and how to report issues of concern.  Full details of Sealy’s Whistleblower Policy are available at www.sealy.com.my

  • Investigations:

Under Sealy’s Whistleblower Policy:

  • Sealy will review and investigate all reports of serious misconduct and report its findings to people who have reported their concerns;
  • Sealy will also keep reports and the identity of people making reports confidential and secure; and
  • Sealy will ensure that no detrimental action is taken against people making reports under this policy.
  • Reporting Your Concerns:

You can report your concerns in the following ways:

  1. Speak to Your Manager / Informally Report Issues:

This will be the quickest and best way of resolving many concerns you might have, including personal grievances and matters not involving illegal conduct at Sealy.

  1. Formally Reporting Serious Issues:

Sealy’s Whistleblower Policy allows you to confidentially report issues involving serious misconduct (e.g., fraud, dishonesty, unethical or illegal behaviour) without fear of being victimised.

Reporting serious issues can be done by submitting a written report marked “Confidential” to:

  1. Sealy’s Managing Director and/or General Counsel (who are authorised to receive such disclosures) as follows:

The Managing Director

Sealy International

1299 Boundary Road, 

Wacol QLD 4076

Australia

Email: privacy@sealy.com.au

The General Counsel

Sealy International

1299 Boundary Road,

Wacol Qld 4076

Australia

Email: privacy@sealy.com.au 

OR:

  1. any of Sealy’s Senior Managers, Directors or Auditors, or to a government authority.

It is preferred that people identify themselves when making a disclosure, as this greatly assists the investigation process. However, people may choose to make their disclosure anonymously and should provide sufficient information to allow the matter to be properly investigated.

INSIDE THE ELEVATE

Comfort

ComfortCore® Premium

The concentrated layer of quality foam conforms to the lower part of the back, designed to relieve pressure where it’s needed most.

SmarTex® with IceTouch™

Exclusive fabrics that wicks away moisture and helps to regulate the sleep surface temperature is needed throughout the night.

INSIDE THE ELEVATE

Support

AlignSUPPORT®

The latest state-of-the-art technology, AlignSUPPORT® system is designed to sense your weight and responds with the support needed to help maintain your body’s natural alignment.  

  • 6% improvement in deep down support.
  • 75% reduction in lateral movement.
  • 18% reduction in motion transfer.

UniCased® XT

A broad profile edge support system that surrounds and locks into the support system for greater stability and edge-to-edge comfort for an uninterrupted sleep.

INSIDE THE PosturePremier

Support

PostureTech®

The patented Titanium coils provides vital support for your back, senses and responds with correct level of support while you sleep.

EdgeGuard®

A firm polyurethere insert provides an average of 10% more sleeping surface and a firm seating edge of the mattress.

DuraFlex® Foundation

Made with Titanium alloy steel modules disperse shocks and stresses on the mattress to ensure long-lasting, performance and extended comfort life.

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

INSIDE THE PosturePremier

Comfort

Comfort Layers

A blend of high quality fibres and ultra soft foam offers a great level of conformance to the back and hip area.

LiftRight ® Handles

Intelligently designed handles are placed to make moving your mattress easier.

INSIDE THE PostureLux

Comfort

ComfortCore®

A high density foam layer to mould and conform to the lower part of the back, where it’s needed most.

LiftRight ® Handles

Intelligently designed handles are placed to make moving your mattress easier.

INSIDE THE PostureLux

Support

PostureTech®

Designed with SensoryArm™ to detect the shape, weight and movement of your body while you sleep, then responds to provide correct spinal alignment.

Unikey®

Full perimeter edge support system that adds stability, provides a firm seating edge and extends the sleep surface for a better night’s sleep.

DuraFlex® Foundation

Made with Titanium alloy steel modules disperse shocks and stresses on the mattress to ensure long-lasting, performance and extended comfort life.

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

INSIDE THE Enhance | Aspire

Comfort

ComfortCore® Premium

Step up to ComfortCore® Premium where memory foam offers a greater level of conformance to the lower part of the back, where it’s needed most.

SmarTex® with Ice-Touch™

A smart textile fabric treatment that responds only when it’s needed a disperse heat and moisture so you can sleep more comfortably.

INSIDE THE Enhance | Aspire

Support

SRx®

Backed by world-leading orthopaedic research, the SRxII® coil support system delivers initial conforming, support and deep down support for a more restful, recuperative sleep.

UniCased® XT

Reinforced edge support system wraps around the bed perimeter for exceptional stability and a faller sleep surface even at the outermost points. 

DuraFlex® Foundation

Made with Titanium alloy steel modules disperse shocks and stresses on the mattress to ensure long-lasting, performance and extended comfort life.

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

INSIDE THE PALATIAL CREST

Comfort

ComfortCore® Plus

The centre third of the mattress is enhanced with the ComfortCore® Plus, a layer of gel-infused visco elastic to provide superior conformance and alignment to the lower back, where it’s needed most.

SmarTex® with Ice-Touch™

Fabrics that cools and regulates your sleep climate while maintaining a clean and hygienic sleep surface.

INSIDE THE PALATIAL CREST

Support

RestSUPPORT™

Responsive support technology coil system uniquely designed for three stages of support:-

  • 1st Stage —  the micro-conforming SynerFlex surface cradles every part of the body.
  • 2nd Stage — The upgraded Align Head design senses the body’s weight and responds with initial conforming support.
  • 3rd Stage — Provides an extra deep-down support the body needs.

UniCased® XT

Our innovative edge support encapsulates the spring system to enhance stability and help to reduce motion transfer.

DuraFlex® Foundation

Made with Titanium alloy steel modules disperse shocks and stresses on the mattress to ensure long-lasting, performance and extended comfort life.

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

INSIDE THE EXQUISITE

Support

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

RestSUPPORT™

Backed by scientific research, the intuitive support system delivers 17% more pressure relief while maintaining your body’s natural alignment. Uniquely designed for three stages of support:-

  • 1st Stage —  the micro-conforming SynerFlex surface cradles every part of the body.
  • 2nd Stage — The upgraded Align Head design senses the body’s weight and responds with initial conforming support.
  • 3rd Stage — The Posturepedic® innercore is designed to sense the load applied and provide the orthopaedically correct response.

UniCased® XT

Sealy’s most innovative edge support system, encases and locks into the support system for exceptional edge-to-edge stability, designed to provide undisturbed sleep.

INSIDE THE EXQUISITE

Comfort

Backed by scientific research, this intuitive three-stage coil system provides the balance you need for a deeper, more luxurious rest. The Synerflex surface reacts to your contours, allowing maximum pressure relief, while the inner coil senses your weight and responds. The core of the coil provides deep down support to help maintain your body’s natural alignment and assist in ensuring a deep, restorative sleep.

ComfortCore® Plus

A unique centre third layer to provide superior conformance and alignment to the lower back, where it’s needed most.

SmarTex® with IceTouch™

Fabrics that cools and regulates your sleep climate while maintaining a clean and hygienic sleep surface.