INTRODUCTION FOR CONDUCTING AN EFFECTIVE DOMESTIC INQUIRY

Improper handling of misconduct and domestic inquiry can result in the Industrial Court ruling in favour of the employee and subsequently leading to costly monetary compensation by the employer. A one-day practical and hands-on workshop to enable participants to understand the importance of holding a proper domestic inquiry (DI) as well as adhering to strict procedural requirements, in order to withstand the scrutiny of the Industrial Court in the dismissal of an employee. This workshop will focus on the recommended method of framing proper DI charges and effectively conducting internal DI in accordance with the requirements of Malaysian employment laws. Participants will understand how to initiate complaints on misconduct for investigation and will also be able to conduct proper domestic inquiry in accordance with procedural fairness.

OBJECTIVE CONDUCTING AN EFFECTIVE DOMESTIC INQUIRY

• Learn to draft proper charges with the material particulars
• Understand the domestic inquiry system and process
• Understand the important role played by the Prosecuting Officer during the inquiry
• Understand the role of the Board of Inquiry members
• Understand the role played by the various players in the domestic inquiry process
• Understand how to present the facts of the case before the Inquiry Panel
• Understand how to evaluate evidence during the inquiry and write the Inquiry Report

COURSE CONTENT

What Constitutes Misconduct

• Meaning and the categories of misconduct
• Types of misconduct
• Criminal misconduct

Investigating Offences

• Role of an investigation officer
• Interviewing witnesses and taking statements
• Condonation and its legal effect on actionable conduct

Charge Sheet

• Material particulars of the charge to be disclosed
• Elements or components of the charge(s)

Law on Domestic Inquiry

• Law governing dismissals
• Law on domestic inquiry

Domestic Inquiry Process

• Domestic Inquiry procedures
• Selection of board of inquiry member and terms of reference
• Role of inquiry panel
• Role of the prosecutor
• Role of the investigation officer during the Domestic Inquiry
• Adducing evidence both oral and documentary
• Role of the accused employee
• Recording the proceedings
• Findings and inquiry report
• Mitigation plea by the employee if found guilty
• Types of punishment
• Appeal procedures

Decisions of the Courts

• Decided case laws by the Industrial Court and judicial courts for discussion

Mock Domestic Inquiry

• Participate in a mock Domestic Inquiry

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