INTRODUCTION FOR HANDLING EMPLOYEES MISCONDUCT AND DOMESTIC INQUIRY FOR PEOPLE MANAGER

Employers must ensure Disciplinary cases are conducted according to the proper procedures to avoid possibilities of unfair dismissal. Participants will learn how to handle disciplinary issues, preliminary investigation, and domestic inquiry processes and techniques.

OBJECTIVES HANDLING EMPLOYEES MISCONDUCT AND DOMESTIC INQUIRY FOR PEOPLE MANAGER

• Identify the differences between major and minor misconduct
• Handle misconduct cases following the disciplinary process and procedures
• Know the purpose of conducting Domestic Inquiry from a legal perspective
• Conduct Preliminary Investigation and document the evidences
• Conduct proper and structured Domestic Inquiry proceeding
• Explain the different roles in Domestic Inquiry
• Prepare the Domestic Inquiry Report for Management Decision
• Advise management and employees on Domestic Inquiry Process and procedure

PARTICIPANT REQUIREMENT FOR JOINING VIRTUAL TRAINING

• Joining using Computer (Desktop or Laptop)
• Have webcam and microphone (critical for participant interaction and discussion)
• Stable Internet Connection
• Able to access the conference platform (e.g. ZOOM, Webex, MSTeam)

COURSE CONTENT

• Employee Misconduct
  • What is misconduct?
  • Classification of Misconduct
  • Disciplinary Policy and Procedure

• Guideline in handling misconduct
  • Dealing with different level of misconduct
  • Dealing with repeated misconduct
  • Misconduct outside work

• Domestic Inquiry
  • What is Domestic Inquiry
  • Principle of Natural Justice
  • Why Is It Necessary to Hold a Domestic Inquiry

• Pre-Domestic Inquiry Process
  • Preliminary Investigation
  • Suspension of Employees
  • Charge Sheet/Show Cause Letter
  • Letter of Explanation
  • Notice of Inquiry

• Roles in Domestic Inquiry
  • Role of Domestic Inquiry Chairman and Panel
  • Role of Prosecuting Officer
  • Role of Alleged Employee
  • Role of Witness
  • Role of Secretary

• Guideline for Holding a Domestic Inquiry
  • Inquiry Proper
  • Handling “What If” Situation:
  • Recording of a Domestic Inquiry Proceeding
  • ‘Mock’ Domestic Inquiry Session

• After the Inquiry
  • Evaluating of Evidence
  • Preparation of Summation/ Recommendation
  • Role of Punishing Authority
  • The Right to Appeal

• Post-Dismissal
  • The 60 Days Post-Dismissal
  • Who can file for Unfair Dismissal?
  • Representation for Conciliation Meeting
  • Pre and Post Conciliation Meeting Actions

• Industrial Court Awards on Unfair Dismissal
  • Maximum Penalty
  • Typical Cases of Unfair Dismissal

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