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Identify any FOUR(4) guideline in conducting domestic enquiry - Coggle…
Identify any FOUR(4) guideline in conducting domestic enquiry
A domestic inquiry is an internal investigation process that is launched when an employer needs to determine whether an employee has committed an act (or acts) of misconduct. Under section 14 of Malaysia’s Employment Act 1955, employers have a statutory obligation to conduct a ‘due inquiry’ to ascertain whether an employee is guilty of misconduct before they can dismiss or impose a major penalty on them
ISSUANCE OF A SHOW
CAUSE LETTER
Important to state the allegations of misconduct clearly & precisely to the employee & allow the accused employee to defend themselves/explain the situation
Clear & ambigous language
strict requirement and deadline
SUSPENSION
employer may place the employee on suspension pending further investigation of the allegation in respect to misconduct
the suspension can be issued together with the show cause letter or before the domestic enquiry
a suspension may be granted if the employer feels that it would prevent interference into investigation/misconduct
PREPARING FOR THE DOMESTIC ENQUIRY
the employer will have to select and appoint a panel of senior employees and members of the management to judge and make final decision during the domestic enquiry hearing
Panels durin DI
:
-chairman,secretary,prosecuting officer
Panel member should
:
be impartial & from other department
higher rank/senior
make decision on the evidence presented
HEARING OF THE DOMESTIC ENQUIRY
Two sides: the prosecution (acts on behalf of employer) & the defense (consists of the accused employee)