Domestic Inquiry - Getting into the general principles

The statistics in Malaysia continue to be staggering- companies in Malaysia have

been made to compensate their former employees for unfair dismissal. Up to

March 2019, a staggering RM77 million was paid by companies as compensation

for unfair dismissal.

The main reason for this is that companies have not followed the established legal

procedures before dismissing their employee(s). In that regard, before a company

dismisses an employee for misconduct, certain steps need to be taken, which may

or may not include the holding of a domestic inquiry.

Participants will learn about the general principles of dismissal of employment, the different scenarios of

dismissal, and how misconduct has to be dealt with in a speci􀃶c manner.

Participants will also learn about investigation, drafting charges, domestic inquiry in general, including role of

panel, prosecution, note taker, defence, together with any issues related with domestic inquiry, the holding of

a domestic inquiry and a role play exercise.

8:30am - Registration

9:00am - Employment Law basics- Sources of law, how laws are made, court structure, consequences of

               inappropriate termination procedure, Applicability of Employment Act 1955 vs Industrial Relations Act 1967

               Consequences of inappropriate termination procedures

10:30am - Tea Break provided

10:45am - S. 20 Industrial Relations Act 1967

                  How does a workman lodge a complaint in the Industrial Court?

                  Dealing with misconduct

1:00pm - Lunch provided

2:00pm - Stages of disciplinary process ; Preliminary Investigation, Service of Show Cause Letter, Letter of explanation

                from accused, Notice of Inquiry, Suspension Pending Inquiry, Appointment of Panel Members, Conduct of

                Inquiry, Panel Decision & Report, Disciplinary Action

3:00pm - Tea Break provided

3:45pm - Examples of major vs minor misconduct, Sexual harassment, Drafting the charges in a misconduct

               Domestic inquiry- role of panel, Chairman, prosecutor, defence, witness, note taker, procedure

               Rules of domestic inquiry, What makes a domestic inquiry defective, Common pitfalls of a domestic inquiry

5:00pm - End of Training