COURSE OVERVIEW
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:
- Explain the legal framework governing Domestic Inquiry (DI) in Malaysia.
- Apply principles of natural justice and procedural fairness in disciplinary proceedings.
- Identify misconduct categories and determine when a Domestic Inquiry is required.
- Draft legally compliant and defect-free charge sheets.
- Conduct a Domestic Inquiry hearing in a structured and procedurally sound manner.
- Manage witnesses, documentary evidence and objections effectively.
TRAINING METHODOLOGY
The programme adopts a practical and interactive approach:
- Guided lectures
- Group exercises
- Drafting workshop
- Role play / Mock Domestic Inquiry
- Question & Answer sessions
TARGET AUDIENCE
- HR Managers & Executives
- Industrial Relations Officers
- Line Managers / Supervisors
- Management Representatives
- In-house Legal / Compliance Officers
DURATION : 2 Days (14 Training Hours) : 09:00 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 : PROGRAMME INTRODUCTION AND LEARNING EXPECTATIONS
- Overview of programme objectives
- Importance of DI in disciplinary management
- Overview of legal and compliance implications
MODULE 2 : OVERVIEW OF DOMESTIC INQUIRY
- Purpose: To ascertain the truth regarding misconduct allegations, allowing the employee to defend themselves.
- Procedural Fairness:The process must include a show cause letter, a fair hearing, and an impartial inquiry panel (not involved in the allegation).
- The Process: Involves issuing a charge sheet, appointing a panel, hearing evidence from both sides, allowing cross-examination, and recording minutes.
- Misconduct: Covers breaches of employment terms, such as theft, fraud, or serious insubordination.
- Employment Act 1955 : section 14 and 14(1)
- Industrial Court
MODULE 3 : LEGAL PRINCIPLES & NATURAL JUSTICE
- Right To Be Heard
- Right To Representation (Internal)
- Right To Adequate Notice
- Right To Call Witnesses & Present Evidence
- Right To Cross Examine
- Impartial Panel (No Conflict Of Interest)
MODULE 4 : MISCONDUCT VS POOR PERFORMANCE
- Misconduct
- Intentional or wilful behaviour
- Clear refusal to comply with a lawful instruction
- Disrespectful, abusive, or insubordinate conduct
- Conduct that disrupts workplace order or discipline
- Behaviour that is repeated despite prior warnings
- Misunderstanding
- No wilful intent to disobey
- Confusion regarding instruction or priority
- Emotional reaction due to stress or workload
- Lack of clarity in communication
- First-time occurrence
MODULE 5 : PRELIMINARY INVESTIGATION & INITIATING DI
- Assess the crime scene for any injured persons and call for medical help if needed.
- Observe the scene.
- Determine if a crime has occurred.
- Secure the crime scene and preserve all evidence.
- Interview witnesses and gather witness reports.
MODULE 6 : DRAFTING A PROPER CHARGE SHEET
- Precisev Nature of misconduct
- Date, Time and place or location of misconduct
- Persons involved
- Rule / Standing Order breached
- One offence one charge
MODULE 7 : REVIEW & DISCUSSION OF CHARGE SHEET EXERCISE
- Vagueness
- Lack of particulars
- Ambiguity
- Duplicity (multiple offences)
- Misdescription of misconduct
- No reference to rule breached
- Based on assumptions, not facts
- Overlapping / repetitive charges
- Charging non misconduct matters
DAY 2 – CONDUCTING DOMESTIC INQUIRY & DECISION MAKING
Recap of Day 1
- Review of Day 1 key lessons
- Confirm roles: DI Chairman, DI Panel, Prosecution Officer, Defence Team, Accused, Witnesses
- Final briefing on procedure
- Outcome : Participants ready for simulation.
MODULE 8 : ROLES AND RESPONSIBILITIES IN DOMESTIC INQUIRY
- Panel Inquiry
- Prosecutor
- Accused Person (employee)
- Representative (Union Representative)
- Witnesses
MODULE 9 : CONDUCTING THE DOMESTIC INQUIRY HEARING
- Opening;
- Reading of charge;
- Plea;
- Examination in-chief;
- Cross examination;
- Re examination.
MODULE 10 : MANAGING EVIDENCE, WITNESSES & OBJECTIONS
- Documentary evidence;
- Weight of evidence;
- Credibility assessment.
MODULE 11 : MOCK DOMESTIC INQUIRY SIMULATION
- Opening of inquiry
- Reading of charges & plea
- Prosecution opening statement
- Examination-in-chief of first witness
- Outcome : Participants observe and practise opening procedures.
MODULE 12 : DECISION MAKING & WRITING FINDINGS
- Analysis of evidence;
- Standard of proof (balance of probabilities);
- Reasoned decision writing.
MODULE 13 : LESSONS LEARNED, KEY TAKEAWAYS & PROGRAMME CONCLUSION
- Overview of programme objectives
- Importance of DI in disciplinary management
- Overview of legal and compliance implications
