MANAGING MISCONDUCT AND DOMESTIC INQUIRY

INTRODUCTION FOR MANAGING MISCONDUCT AND DOMESTIC INQUIRY 

Beside profits, one thing that a company cannot do without is an efficient and discipline worker. To produce and maintain the high level of quality manpower, the need to control and manage the employees is the most essential part of the duty of HR. Dealing with difficult employees needs more than just patience and understanding. The immediate superior would have to acquire certain skills and knowledge for them to handle the employees with fair and just action.

Some may ask what the right steps to handle a misconduct are. Is this a major or a minor misconduct? When is the right time for HR to issue a show cause letter? This program, will equip you with all the information you need to handle your employees correctly.

COURSE OBJECTIVE

Upon completion of this programme, the participants should be able to:

• Know the right of employers and employees
• Identified the different types of misconduct and take the appropriate actions.
• Understand the different and the important of discipline procedure in work place.
• Explain in practical approach on discipline procedure and domestic inquiry.
• Provide details explanation on appointment and roles of investigation officers, prosecutors and panel members.
• Know how to apply the disciplinary action when misconduct happened in their workplace or section.
• Understanding the responsibility as a prosecutor or panel member in DI.
• Know how to conduct a proper Domestic Inquiry.

COURSE CONTENT

PART 1: HANDLING MISCONDUCT

1. THE RIGHTS TO MANAGE AND HANDLE EMPLOYEES

• • The Needs of Discipline in the Organization
  • Master & Servant Relationship
  • To Form Positive Attitude with Self-Discipline or Enforce Discipline

2. MISCONDUCT

• • Definition
  • Types of Misconduct
  • Category of Misconduct
  • Forgiveness / Condone

3. WHAT IS NATURAL JUSTICE AND SUBSTANTIVE JUSTICE?

PART 2: INDUSTRIAL COURT CASES

4. INDUSTRIAL COURT CASES

• • Theft
  • Insubordination
  • Harassment / Sexual Harassment
  • Threaten
  • Excessive Medical Leave
  • Negligent / Carelessness

PART 3: DISCIPLINARY PROCEDURES

5. FORMING EFFECTIVE DISCIPLINARY PROCEDURES

• • Essential Elements in the disciplinary procedures
  • Roles and Responsibilities of Managers, Executives and Supervisor in Handling Problematic Employees
  • Counselling as the Alternative Measures in Handling Problematic Employees.

PART 4: DOMESTIC INQUIRY PROCEDURES (DI)

6. INVESTIGATION ON COMPLAINT OF MISCONDUCT

• • What is DI and the Needs for a DI
  • Unwarranted Dismissal – Termination Simpliciter
  • Natural Justice – Rights to be Heard and Entitle to a Fair Hearing
  • Purpose of Setting Up the Independent DI Board

7. ROLES AND RESPONSIBILITIES OF MANAGERS, EXECUTIVES AND SUPERVISOR IN HANDLING COMPLAIN OF MISCONDUCT

• • Immediate Superior Managing the Complaints
  • Receiving Report or Complaint of Misconduct
  • Important Details to be Taken When Received the Reports or Complaint
  • Appointment of Investigation Officer
  • Preliminary Investigation and Report.
  • Investigation Further by Issuing Show Cause Letter
  • Detail of witnesses
  • Collection of Evidences

8. STEP BY STEP GUIDANCE ON HOW TO WRITE THE CHARGES

9. STEP BY STEP GUIDANCE ON HOW TO DRAFT NOTICE OF DOMESTIC INQUIRY

10. ESSENTIAL CRITERIA AND FUNCTION OF PROSECUTORS AND PANEL MEMBERS

• • Appointment of Prosecuting Officer and Panel Members
  • Criteria to be a Prosecuting Officer and Panel Members
  • Duty of Prosecuting officer and Panel Members
  • Preparation Prior, During and After DI

PART 5: DOMESTIC INQUIRY PROPER

11. THE ROLES AND FUNCTIONS OF THE PANEL IN DI

• • Role Prior to The Trial
  • Role During the Inquiry Trial
  • Role After the Inquiry Trial
  • The Trial
  • Upon Completion of DI

12. PROCEDURE OF DOMESTIC INQUIRY

• • Procedures to be follows during DI
  • If Accused Pleaded Guilty
  • If Accused Pleaded Not Guilty
  • If Accused is not Represented
  • If Accused is Represented
  • Things to Avoid During the Inquiry Trial
  • Recording the Trial

13. FACTS OF DI – WHAT IS THE REMEDY IN THE DOMESTIC INQUIRY AND HOW TO DECIDE THE VERDICT.

14. DOMESTIC INQUIRY NOTES – STEP BY STEP GUIDANCE ON HOW TO RECORD THE NOTE OF DI

15. PUNISHMENT AND APPEAL FOR LIGHTER PUNISHMENT

PART 6: ASSESSMENT ACTIVITY

• ROLE PLAY MOCK DI; OR
• CASE STUDY