CONDUCTING A PROPER DOMESTIC INQUIRY STEP BY STEP GUIDE FOR HR & MANAGEMENT WITH MOCK TRIAL SIMULATION

Course Overview

Conducting A Proper Domestic Inquiry Step By Step Guide For Hr & Management With Mock Trial Simulation : Domestic Inquiry (DI) is a critical internal disciplinary mechanism that safeguards both employer rights and employee due process. Improperly conducted inquiries often result in accused person successful claims at the Industrial Court, reinstatement orders, financial compensation, and reputational damage to the organisation.

This programme provides a structured, practical and legally sound framework for conducting a proper Domestic Inquiry in accordance with Malaysian industrial relations principles and procedural fairness requirements.

Participants will be guided step by step through the entire DI process from drafting a legally compliant charge sheet to conducting hearings, managing witnesses, evaluating evidence, handling objections, and writing defensible findings and recommendations.

Through case discussions, drafting workshops and a mock Domestic Inquiry simulation, participants will gain practical competency and confidence to independently manage disciplinary proceedings in their organisation.

By the end of the programme, participants will be equipped to conduct Domestic Inquiry proceedings that are structured, impartial, legally defensible, and aligned with best industrial relations practices

Training Objective

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

1. Explain the legal framework governing Domestic Inquiry (DI) in Malaysia.
2. Apply principles of natural justice and procedural fairness in disciplinary proceedings.
3. Identify misconduct categories and determine when a Domestic Inquiry is required.
4. Draft legally compliant and defect-free charge sheets.
5. Conduct a Domestic Inquiry hearing in a structured and procedurally sound manner.
6. Manage witnesses, documentary evidence and objections effectively.
7. Prepare a reasoned findings report and recommendation for management decision-making.

Training Methodology

The programme adopts a practical and interactive approach:

1. Guided lectures
2. Case law discussion
3. Group exercises
4. Drafting workshop
5. Role play / Mock Domestic Inquiry
6. Question & Answer sessions

Target Audience

1. HR Managers
2. HR Executives
3. Industrial Relations Officers
4. Line Managers / Supervisors
5. Management Representatives
6. In-house Legal / Compliance Officers

DURATION : 2 Days (14 Training Hours) : 10:00 AM – 5:00 PM

Learning Outcome

Participants will leave the programme equipped with a structured framework and practical confidence to conduct a Domestic Inquiry independently while minimising procedural risks and ensuring compliance with Malaysian industrial relations principles.

Course Content

DAY 1

MODULE 1: INTRODUCTION TO DOMESTIC INQUIRY

1. Purpose of DI;
2. Legal framework;
3. Employer’s burden of proof;
4. Just cause & excuse.

MODULE 2: PRINCIPLES OF NATURAL JUSTICE

1. Audi alteram partem;
2. Nemo judex in causa sua;
3. Procedural fairness standards.

MODULE 3: TYPES OF MISCONDUCT & WHEN DI IS REQUIRED

1. Minor vs major misconduct;
2. Progressive discipline;
3. Suspension principles.

MODULE 4: DRAFTING PROPER CHARGE SHEETS

1. Essential elements of a valid charge;
2. Particularisation;
3. Common defects;
4. Multiple charges.

MODULE 5: SHOW CAUSE LETTER & SUSPENSION

1. Proper wording;
2. Response evaluation;
3. Paid suspension;
4. Risks & compliance.

MODULE 6: ROLES IN A DOMESTIC INQUIRY

1. Role of Chairman, Panel Members;
2. Prosecutor;
3. Defence Representative;

MODULE 7: PRE-INQUIRY PREPARATION

1. Evidence compilation;
2. Witness preparation;
3. Document management;
4. Notice of hearing.

DAY 2 

MODULE 8: CONDUCTING THE HEARING – STEP BY STEP

1. Opening;
2. Reading of charge;
3. Plea;
4. Examination in-chief;
5. Cross examination;
6. Re examination.

MODULE 9: MANAGING OBJECTIONS & PROCEDURAL CHALLENGES

1. Adjournment;
2. Bias allegations;
3. Representation disputes;
4. Recording objections.

MODULE 10: HANDLING WITNESSES & EVIDENCE

1. Documentary evidence;
2. Weight of evidence;
3. Credibility assessment.

MODULE 11: RECORDING & DOCUMENTATION

1. Proper minute writing;
2. Audio recording;
3. Documentation checklist.

MODULE 12: WRITING FINDINGS & RECOMMENDATION

1. Analysis of evidence;
2. Standard of proof (balance of probabilities);
3. Reasoned decision writing.

MODULE 13: COMMON PITFALLS LEADING TO COURT CHALLENGES

1. Procedural defects;
2. Bias issues;
3. Defective charges;
4. Predetermined decisions.

MODULE 14: MOCK DOMESTIC INQUIRY SIMULATION

End to end simulated DI hearing.