The Process of Conducting Domestic Inquiry (Open To Public)
Do you know
A wrongful dismissed employee without just cause and excuse can be awarded damage capped to 24 months of the last drawn salary for confirmed employees?
A wrongful dismissed probationer without just cause and excuse can be awarded damage capped to 12 months of the last drawn salary for under-probation-employees?
Introduction
The task of disciplining employees has been made increasingly difficult due to changes in the concept of natural justice, security of tenure and social justice. Wrongful dismissal can be very costly if the matter ends up at the Industrial Court and the company fails to defend the dismissal successfully.
When an employee claims for unfair dismissal under Sec 20 of the Industrial Relations Act 1967, the burden is on the employer to prove that the dismissal is carried out with just cause and excuse. If the Minister is not satisfied that the employee had been terminated justly, the case would be referred to the Industrial Court for adjudication. In many cases, the instances of misconduct were not successfully proven at the domestic inquiry proceedings.
Program Content
The Importance of Disciplinary Procedure
The significance of the Employment Act and the Industrial Relations Act
The role of the Industrial Court
The employee’s right to claim unfair dismissa
Defining Misconduct
Categorizing misconduct as major or minor
Condonation of misconduct
Action Prior to a Domestic Inquiry
Receiving a complaint of employee misconduct
Investigating misconduct – Collecting evidence and interviewing witness and the accused
Suspension of employees
Issuing a show cause letter
Preparing for a domestic inquiry
Holding a Domestic Inquiry
The role of the Participants – Panel of inquiry, Secretary, Prosecutor, Witnesses and Defense
Order of proceedings
Report by Panel of Inquiry
Problems and issues
After the Domestic Inquiry
Choosing an appropriate penalty
Program Methodology
Lectures, discussions, case studies and quizzes.
Target Participants
Human Resource Practitioners, Managers, Supervisors and Executives.
guest speaker
Puan Aniza Binti Abd Rahim
Penolong Pengarah Kanan Perhubungan Perusahaan Johor
Department of Industrial Relations Malaysia
Ministry of Human Resource
Date : 15/3/2019
Time : 9:00am – 5:00pm
Location : 41-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru. (THK office）
Language : English and B. Melayu
Registration Fee : For KTP & THK customers is RM150 and Public is RM350 (Lunch provided for all participants)
Registration : Registration Form
For more information, please refer to our brochure.
Should you need further information, please feel free to contact Ms. Joelle or Ms. Elly
Tel +607-3613443 or Email info@ktp.com.my