Recommended Domestic Inquiry Procedures #1 - Misconduct Letter Should Be Given To The Employees

As mention in previous post, failure to conduct formal domestic inquiry is not an offence. However, to avoid legal battle is industrial court, it is advisable to conduct formal and proper domestic inquiry and implement these recommended procedure.

Firstly, a letter that includes the specific charge of the offence, date, time, place and also which rules or regulations have been violated, is served to the employee alleged of misconduct.

#TripleATraining

#HRDFTrainingProvider

#MOFTrainingProvider

#HRCourse

#DomesticInquiry

#DomesticInquiryCourse

Domestic Inquiry Context #3 - Hearing Conducted By A Neutral Party

The final context of Domestic Inquiry, following the rule of Natural Justice is that the hearing must be by an impartial tribunal, meaning a person who is neutral and is neither directly or indirectly the party to the case.

#TripleATraining
#HRDFTrainingProvider
#MOFTrainingProvider
#HRCourse
#DomesticInquiry
#DomesticInquiryCourse

Domestic Inquiry Context #2 - Right To Be Heard

Another context of Domestic Inquiry, following the rule of Natural Justice is that the employee must have reasonable opportunity of being heard in their own defense; where the judge should listen to both sides and this includes the opportunity to face and challenge their accusers, witnesses and whatever evidences there are against them.

#TripleATraining

#HRDFTrainingProvider

#MOFTrainingProvider

#HRCourse

#DomesticInquiry

#DomesticInquiryCourse

Domestic Inquiry Context #1 - A Reasonable Notice

In order to cater to the Rule of Natural Justice in Malaysia, one the context of Domestic Inquiry is that the charged employee must have reasonable notice of the case they have to meet.

#TripleATraining

#HRDFTrainingProvider

#MOFTrainingProvider

#HRCourse

#DomesticInquiry

#DomesticInquiryCourse

Domestic Inquiry Is A Part Of Natural Justice

The rule of natural justice in Malaysia stated that no man may be condemned unheard and it should apply to every case where an individual is adversely affected by an administrative action irrespective of whether it is labelled judicial, quasi-judicial or administrative.

This is why it is important for an organization to conduct a domestic inquiry first before dismissing a worker, even though such organization has a valid reason to do so.

#TripleATraining

#HRDFTrainingProvider

#MOFTrainingProvider

#HRCourse

#DomesticInquiry

#DomesticInquiryCourse

Employer Can Only Impose Punishment On The Employee If He Has Conducted Due Inquiry

Employment Act 1955 states than an employer can only impose punishment on the employee if he has conducted “due inquiry”. The Act does not define what is “due inquiry”, and it does not necessarily mean that an employer must conduct a formal domestic inquiry. What is important is that the employer must investigate the matter fairly.

#TripleATraining

#HRDFTrainingProvider

#MOFTrainingProvider

#HRCourse

#DomesticInquiry

#DomesticInquiryCourse