AVOIDING COMMON MISTAKES IN DOMESTIC INQUIRY (DI) WITH MOCK TRIAL SIMULATION

Course Overview

Avoiding Common Mistakes In Domestic Inquiry (DI) With Mock Trial Simulation : Domestic Inquiry (DI) is a critical internal process that employers must conduct before imposing disciplinary action on employees accused of misconduct. However, many organisations face legal challenges because of procedural errors, poor documentation, bias, or failure to observe the principles of natural justice during the inquiry process.

This programme focuses on identifying and avoiding the most common mistakes made in Domestic Inquiries, particularly by HR practitioners, panel members, and employee representatives. Participants will gain practical knowledge on how to conduct DI proceedings properly and fairly in accordance with Malaysian industrial relations principles and best HR practices.

Through case discussions, procedural analysis, and a hands-on mock trial simulation, participants will experience the full DI process from preparation to decision-making. The programme emphasises compliance, fairness, and procedural integrity, ensuring organisations minimise the risk of Industrial Court challenges due to defective inquiries.

By the end of the programme, participants will be able to recognise procedural pitfalls, conduct DI proceedings professionally, and ensure that disciplinary decisions are supported by a fair and legally defensible inquiry process.

Course Objectives 

The objectives of this programme are to:

1. Provide participants with a clear understanding of the principles governing Domestic Inquiry procedures.
2. Identify common mistakes made by employers during Domestic Inquiry proceedings.
3. Equip participants with the knowledge to avoid procedural errors that may invalidate disciplinary actions.
4. Strengthen participants’ ability to conduct DI proceedings in accordance with principles of natural justice and fairness.
5. Provide practical exposure through a Mock Domestic Inquiry simulation to reinforce procedural understanding.

Learning Outcomes

At the end of this training programme, participants will be able to:

1. Explain the purpose and legal importance of Domestic Inquiry in workplace discipline.
2. Identify frequent procedural mistakes made by employers during DI.
3. Apply proper DI procedures and documentation requirements.
4. Demonstrate the correct roles and responsibilities of Chairman, Panel Members, Management Representative, and Employee Representative.
5. Conduct and participate effectively in a simulated Domestic Inquiry proceeding (Mock Trial).

Target Participants

1. HR Practitioners
2. Industrial Relations Officers
3. Line Managers / Supervisors
4. Union Representatives
5. Employee Representatives
6. Individuals involved in disciplinary processes

Training Methodology

1. Interactive Lecture
2. Case Study Discussions
3. Group Exercises
4. Role Play
5. Mock Domestic Inquiry Trial
6. Trainer Facilitation & Feedback

Assessment Method (HRD Corp Friendly)

Participants will be assessed through:

• Participation in discussions
• Case study analysis
• Mock Domestic Inquiry simulation performance
• Trainer observation and feedback

Course Content

MODULE 1 : INTRODUCTION TO DOMESTIC INQUIRY

1. Overview Of Disciplinary Process
2. Importance Of Domestic Inquiry
3. Training Objectives

MODULE 2 : FUNDAMENTALS OF DOMESTIC INQUIRY

1. Issuing A Show Cause Letter
2. Allowing The Employee To Defend Themselves
3. Presenting Evidence
4. Calling Witnesses
5. Maintaining An Impartial Panel
6. Documenting

MODULE 3 : COMMON EMPLOYER MISTAKES IN DOMESTIC INQUIRY

1. Frequent Procedural Mistakes
2. Defective Charge Sheets
3. Bias And Procedural Irregularities
4. Lack Of Evidence
5. Procedural Irregularities

MODULE 4 : PROCEDURAL ERRORS THAT CAN INVALIDATE A DI

1. Failure To Allow Defence
2. Improper Questioning
3. Procedural Fairness
4. Failure To Give Opportunity To Defend
5. Improper Questioning
6. Denial Of Representation

MODULE 5 : PROPER DOCUMENTATION AND EVIDENCE MANAGEMENT

1. Charge Sheets
2. Notices
3. Witness Statements
4. Evidence Handling
5. DI Records

MODULE 6 : CASE STUDY ANALYSIS: IDENTIFYING DI MISTAKES

1. Group exercise analysing flawed inquiry scenario
2. Identify mistakes

MODULE 7 : STRUCTURE AND ROLES IN DOMESTIC INQUIRY

1. Roles of Chairman
2. Panel Members
3. Management Representative
4. Employee Representative

MODULE 8 : PREPARING FOR THE MOCK DOMESTIC INQUIRY

1. Case Briefing
2. Review Of Evidence And Witnesses
3. Assignment Of Roles

MODULE 9 : MOCK DOMESTIC INQUIRY SIMULATION

1. Opening Statements
2. Witness Examination
3. Cross Examination
4. Submission Of Evidence

MODULE 10 : PANEL DELIBERATION AND DECISION MAKING

1. Panel Discussion
2. Evaluation Of Evidence
3. Preparation Of Findings

MODULE 11 : DEBRIEF, LESSONS LEARNED AND COURSE CONCLUSION

1. Trainer Feedback
2. Discussion Of Key Mistakes
3. Best Practices
4. Q&A