Domestic Inquiry in Malaysia - Assistance for the Employee

Employee assistance can also be provided through supervised access to documents and/or allowing the employee to speak with witnesses for their defense.

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Domestic Inquiry in Malaysia - Assistance for the Employee

Another example of employee assistance is providing a reasonable amount of time for them to prepare for the inquiry hearing.

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Domestic Inquiry in Malaysia - Assistance for the Employee

Employee assistance includes a notice of inquiry outlining the specific charges brought against them as well as the date and time of the inquiry hearing.

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Domestic Inquiry in Malaysia - Assistance for the Employee

The employee charged with alleged misconduct should also be given some information or assistance to ensure that they understand the procedures of the domestic investigation.

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Domestic Inquiry in Malaysia - Appointment of Panel Members

It is also critical to choose panel members who will uphold the confidentiality of the domestic inquiry hearing and not leak information to third parties.

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Domestic Inquiry in Malaysia - Appointment of Panel Members

Panel members should be objective to the parties involved, have no knowledge of the charges against the employee, and be able to base their decisions solely on the evidence presented during the domestic inquiry.

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Domestic Inquiry in Malaysia - Appointment of Panel Members

If the employee's written explanation and response to the show cause letter is unsatisfactory, the employer may begin planning for a domestic inquiry hearing. This includes selecting and appointing panel of senior employees and management members to judge and make a final decision during the hearing.

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Domestic Inquiry in Malaysia - Suspension Of The Employee

If the employee is found not guilty after the inquiry, the employer must pay back the remaining wages that has been deducted.

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Domestic Inquiry in Malaysia - Suspension Of The Employee

According to Employment Act, an employee may be suspended for no more than two weeks and receive half of their pay during that time.

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Domestic Inquiry in Malaysia - Suspension Of The Employee

The suspension is only necessary if the employer believes it will prevent interference with the investigation process and/or prevent the employee from committing further infractions.

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Content of Show Cause Letter in Domestic Inquiry - A Show Cause Letter Must Stated The Suspension Period

A show cause letter must state a clear period of suspension for the employee while the domestic inquiry is taking place.

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Content of Show Cause Letter in Domestic Inquiry - A Show Cause Letter Must Stated The Deadline For Written Response

A show cause letter must underline a strict requirement and the deadline for the employee to provide a written response and explanation in light of the alleged misconducts.

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Content of Show Cause Letter in Domestic Inquiry - A Show Cause Letter Must Stated The Alleged Misconduct

A show cause letter must have a clear explanation of the alleged misconduct for example an assault, sexual harassment, disorderly conduct, insubordination, theft, intoxication, etc.

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Content of Show Cause Letter in Domestic Inquiry - A Show Cause Must Have A Solid Reference

A show cause letter must refer to relevant clauses of the company’s policies or employment contract or Employment Act.

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Content of Show Cause Letter in Domestic Inquiry - A Show Cause Letter Should Be Clear

A show cause letter should be written in a clear and unambiguous language that is direct and easy to understand.

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