Types of Misconduct - Misconduct Affecting Work Performance

This category involves actions that hinder job performance, like consistently being late, frequently absent, using personal devices excessively during work hours, or any behavior disrupting productivity.

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Types of Misconduct - Negligence

Negligence involves failure to perform duties or responsibilities adequately, resulting in harm or loss to the employer. This could include neglecting safety protocols or careless handling of company resources.

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Types of Misconduct - Unacceptable Behavior

Unacceptable behavior encompasses a wide range of behaviors, such as harassment, bullying, discrimination, or creating a hostile work environment. It could also include acts of violence or threats of violence against colleagues or superiors.

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Types of Misconduct - Dishonesty

Dishonesty involve actions such as, misappropriation of company funds, unauthorized use of company property, or providing false information to the employer.

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Types of Misconduct - Insubordination

This refers to disobedience or defiance of authority within the workplace. It could involve refusal to follow instructions superior, or any behavior that undermines the employer's authority.

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Domestic Inquiry in Malaysia - Decision and Penalties

The inquiry panel assesses evidence to determine if misconduct is proven. If guilty, disciplinary action (warnings, suspension, demotion, or termination) is recommended based on misconduct severity and company policies.

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Domestic Inquiry in Malaysia - Evidence and Witnesses

Both the employer and the employee have the right to present evidence and call witnesses to support their respective cases. The inquiry panel evaluates the evidence and testimonies to reach a decision.

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Domestic Inquiry in Malaysia - Types of Misconduct

Misconduct that could warrant a Domestic Inquiry includes various violations such as theft, dishonesty, insubordination, harassment, absenteeism, and other breaches of company policies or codes of conduct.

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Domestic Inquiry in Malaysia - Legal Framework

The legal basis for conducting a DI in Malaysia is outlined in the country's employment laws, such as the Employment Act 1955 and the Industrial Relations Act 1967. These laws provide guidelines and procedures for employers to conduct fair and impartial inquiries.

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Domestic Inquiry in Malaysia - Purpose of Domestic Inquiry (DI)

The primary goal of a DI is to investigate alleged misconduct or wrongdoing by an employee within the organization. It aims to gather evidence, hear the employee's side of the story, and determine whether disciplinary action is warranted.

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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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