OBJECTIVES
A domestic inquiry is an internal investigation process that is launched when an employer needs to determine whether an employee has committed an act (or acts) of misconduct. Under section 14 of Malaysia’s Employment Act 1955, employers have a statutory obligation to conduct a ‘due inquiry’ to ascertain whether an employee is guilty of misconduct before they can dismiss or impose a major penalty on them.
OBJECTIVES
This programme is designed to familiarise participants on the do’s and don’ts in conducting a Domestic Inquiry and the procedures that must be adhered in conducting a Domestic Inquiry. The course will include a presentation on the concept, processes, roles and responsibilities in conducting a Domestic Inquiry. Also, the participants would be given an opportunity to participate in a mock Domestic Inquiry where they would be able to experience various roles such as Chairman, Panel Member, Prosecutor and Accused. Participants upon completion of this course would be competent in handling a Domestic Inquiry.
TARGET AUDIENCE
All those involved in handling personnel and industrial relations functions.
METHODOLOGY
- Interactive discussions
- Mock domestic inquiry
COURSE OUTLINES
- What is misconduct?
- What is Domestic Inquiry?
- Strengthening the employment framework in the company.
- Circumstances Where an Employer Can Terminate an Employee Immediately
- How Unfair Dismissal Complaints Affect the Employer When a Domestic Inquiry (DI) Is Not Conducted
- Recommended Punishments and Sentences for Guilty Employees
Domestic Inquiry Procedures
- Preliminary Investigations
- Selection of Inquiry Panel
- Independence of the Panel
- Composition of the panel of inquiry
- Hearing of the Domestic Inquiry
- Carrying out the Domestic Inquiry Hearing
- Prosecution, defense and the burden of proof
- Legal representation
- Role of Inquiry Officer
- Examination-in-Chief
- Re-Examination
- Findings and Decision
- Punishment
- Cross Examination
- Industrial Court Guidelines
- Role and Functions of Prosecuting Officers/Investigating Officers
Other matters regarding DI
- Disadvantages of Conducting a Domestic Inquiry (DI)
- Time-Consuming Process
- Can an employee challenge an unfair dismissal due to a missing Domestic Inquiry?
- What are recommended punishments for guilty employees?
- Is there a right of appeal against the decision of a domestic inquiry?
- Assistance for the Employee
CERTIFICATE OF PARTICIPATION
