Course Overview
Professional Representation in Domestic Inquiry (DI) for Executives is a practical and competency-based programme designed to equip executives with the essential legal knowledge, procedural understanding, and advocacy skills required to represent parties effectively in Domestic Inquiry proceedings.
The programme provides a structured understanding of the legal framework governing Domestic Inquiry, the application of principles of natural justice, and the preparation of proper defence strategies. Emphasis is placed on analysing charge sheets, evaluating evidence, preparing witnesses, and conducting professional examination and submissions in compliance with employment law requirements.
Through interactive discussions, case analysis, and mock Domestic Inquiry simulation, participants will develop practical representation skills and the confidence to manage DI proceedings in a fair, objective, and legally defensible manner.
Course Objectives
By the end of this programme, participants will be able to:
- Explain the legal framework governing Domestic Inquiry in Malaysia.
- Apply principles of natural justice in DI proceedings.
- Analyse charge sheets and identify defects.
- Develop structured defence strategies.
- Conduct examination and cross-examination professionally.
- Prepare effective written and oral submissions.
Who Should Attend
- Executives
- Management Representatives/
- Union Representatives
Training Objectives
To equip participants with the knowledge, skills, and practical techniques required to professionally represent parties in a Domestic Inquiry, ensuring compliance with principles of natural justice and employment law.
Key Learning Outcomes Achieved
Participants were able to:
- Understand the legal framework governing Domestic Inquiry.
- Identify elements of a proper charge and common defects.
- Apply principles of natural justice in DI proceedings.
- Prepare structured defence strategy and documentation.
- Conduct examination-in-chief, cross-examination, and submissions effectively.
- Demonstrate professional conduct during mock DI simulation.
Course Content
DAY 1 – LEGAL FOUNDATION & DEFENCE STRATEGY
Module 1: Programme Introduction & Learning Expectations
- Course objectives and structure
- Role of representatives in DI
- Common challenges in DI proceedings
Method: Interactive briefing, expectation mapping
Module 2: Legal Framework Governing Domestic Inquiry
- Industrial Relations principles
- Just cause and excuse
- Importance of procedural compliance
- Legal consequences of defective DI
Method: Lecture, case discussion
Module 3: Principles of Natural Justice in Practice
- Audi alteram partem
- Rule against bias
- Right to representation
- Case examples of procedural defects
Method: Scenario analysis, group discussion
Module 4: Elements of a Proper Charge & Common Defects
- Specificity and clarity
- Misconduct vs poor performance
- Identifying defective charges
- Practical charge sheet review
Method: Workshop, group analysis
Module 5: Evidence & Burden of Proof in DI
- Standard of proof
- Documentary evidence
- Witness testimony
- Relevance and weight of evidence
Method: Lecture, evidence evaluation exercise
Module 6: Defence Planning Framework
- Identifying key issues in dispute
- Theory of the case
- Full defence vs mitigation strategy
- Organising documentary bundle
Method: Structured case planning exercise
Module 7: Preparing Client & Witnesses
- Statement preparation
- Witness briefing techniques
- Ethical boundaries
- Professional conduct of representatives
Method: Role-play practice, guided feedback
DAY 2 – ADVOCACY SKILLS & MOCK DOMESTIC INQUIRY
Recap & Reflection (Day 1 Learning Review)
Method : Interactive recap
Module 8: Examination-in-Chief Techniques
- Structuring questions
- Non-leading questions
- Building narrative
- Introducing documents
Method: Demonstration, paired practice
Module 9: Cross-Examination Techniques
- Leading questions
- Challenging credibility
- Controlling difficult witnesses
- Strategic questioning
Method: Guided simulation exercise
Module 10: Structuring Effective Submissions
- Linking facts to legal principles
- Highlighting inconsistencies
- Mitigation arguments
- Closing submissions format
Method: Mini submission drafting exercise
Module 11: Full Mock Domestic Inquiry Simulation
Participants assigned roles:
- Chairman
- Management Representative
- Defence Representative
- Witnesses
Activities:
- Opening statements
- Examination-in-chief
- Cross-examination
- Submission
Method: Full structured simulation (Practical Assessment)
Module 12: Feedback & Performance Evaluation
- Trainer evaluation
- Peer feedback
- Identification of strengths & improvement areas
Method: Structured evaluation checklist
Module 13: Course Summary & Post-Training Assessment
- Key takeaways
- Knowledge check
- Closing remarks
Assessment Components (2-Day Version)
- Charge sheet analysis exercise
- Defence planning workshop
- Cross-examination practice
- Written submission drafting
- Full mock DI simulation (summative assessment)
- Trainer observation checklist
