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LAW AND PRACTICE RELATING TO TERMINATION - Coggle Diagram
LAW AND PRACTICE RELATING TO TERMINATION
Section 14(1) EA 1955 provides for the dismissal or any lesser punishment for an employee who committed misconduct after due inquiry but it does not spell out the manner
Guideline for conducting domestic inquiry
Examination and cross examination of relevant witnesses are to be allowed.
Notes in form of question and answer, and the final decision are to be recorded to show that the inquiry was proper and decision arrived was fair.
Domestic Inquiry Necessary
Holding domestic inquiry is the best means of establishing and putting of record the justification.
Issues during domestic inquiry
Why?
When did alleged misconduct occur?
Who? (witness)
What? (rules, document, and object)
How was the misconduct carried out ?
Section 14(2) EA 1995
Employer may suspend employee
Maximum 2 weeks wtih 1/2 pay
In inquiry does not disclose any misconduct on the part of the employee, the employer shall restore to the employee the full amount of wage so withheld.
Preparation to prior to domestic inquiry
Draft charge
Give notice to DI
Appoint panel of inquiry
Appoint secretary
Appoint prosecutor