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Question 3: Identify any FOUR (4) guidelines in conducting domestic…
Question 3: Identify any FOUR (4) guidelines in conducting domestic enquiry.
Suspension of the employee
Suspension is only necessary if the employer feels that it would prevent interference with the investigation process and/or bar the employee from committing further misconducts.
Under the Employment Act, the employee can only be placed on a period of suspension not more than 2 weeks and be given half their wages during this period. Should the employee be deemed not guilty later on, the employer is required to pay back the remaining wages.
The issuance of a “show cause” letter
A show cause letter refers to a letter that shows the exact reasons and causes for concern
The letter is also used to clearly and precisely outline the allegations of misconduct and provide a timeline for an employee to explain their side of the story informal writing. Issuing a show-cause letter is a delicate process and should be handled professionally to prevent unnecessary problems.
A good show cause letter should contain the following:
A clear and unambiguous language that is direct and easy to understand
References to relevant clauses of the company’s policies and/or employment contract
A clear explanation of the alleged misconduct (eg. assault, sexual harassment, disorderly conduct, insubordination, theft, intoxication, etc)
A strict requirement and the deadline for the employee to provide a written response and explanation in light of the alleged misconducts
A clear period of suspension for the employee while the domestic inquiry is taking place (this could involve barring an employee from entering the company premises and/or carrying out any activities or transactions for the company until the domestic inquiry has been complete)
Preparing for the domestic inquiry hearing
If the employee’s written explanation and response to the show cause letter is not satisfactory, the employer may then start to prepare for a domestic inquiry hearing.
During the domestic inquiry hearing, the employer will be required to choose and appoint a panel of senior employees and management members to assess and make a final judgement. The appointment of panel members need to be neutral in order to avoid bias or void judgement.
The employee that was charged with alleged misconduct should also be provided with some information or assistance to ensure that they are aware of the procedures of the domestic inquiry. Examples include:
A notice of inquiry which sets out the exact charges being brought against them and the date and time of the inquiry hearing
A reasonable period of time for them to prepare for the inquiry hearing
Supervised access to documents and/or to talk to witnesses for their defence
Be impartial and hence from different departments than the involved parties
Not have been involved in the investigation
Not have had prior knowledge about the charges against the employee
Be able to base their decisions solely on the evidence presented during the domestic inquiry
Carrying out the domestic inquiry hearing
Domestic inquiries are commonly modelled after court proceedings. There will be two sides: the prosecution (which acts on behalf of the employer), and the defence (which consists of the accused employee). Both parties should be able to call on witnesses to testify and provide evidence to support their respective arguments.
Employers may also consider recording the entire domestic inquiry in order to preserve evidence in case there is a need for it in the future.
Should the panel members find the employee to be guilty of the misconduct(s), the company will then need to determine what kind of punishment should be given.
To ensure objectivity during the inquiry, the accused employee should be allowed full opportunity to present their case.
Evangeline Elvinna anak Christopher 2020984085
AM2286A