[01] INTRODUCTION

• Managers need to understand the legal and procedural aspects in managing employee discipline so that they are able to act appropriately with confidence when dealing with any misconducts.

• Participants will learn how to conduct an effective domestic inquiry in accordance with the principles of natural justice, aimed at minimizing the risk of litigation.

• This course is specially designed to equip managers to have the leadership skills, legal, technical and procedural knowledge in conducting effective domestic inquiries

[02] WHO SHOULD ATTEND

• Owners of SMEs

• Heads of Department / Line Managers

• Executives / Supervisors / Team Leaders 

• Human Resource Practitioners

[03] METHODOLOGY

• Interactive presentation

• Q & A sessions

• Role play

[04] DATE, TIME & FEE

Date:    24-25 May 2023 (Wed-Thu)

Time:    8.30am - 4.30pm

Venue: CPD Academy, RIO Puchong

[HRD Corp Claimable]

Fee:

   - Special Offer (before 10 May 2023)  -    RM 1,370

   - Normal Fee   -    RM 1,440

>> Fee includes Course Notes, Lunch, Refreshments/ Tea Breaks, Certificate of Attendance & 6% Service Tax

** OFFER **

- 10% Cashback for SST2u Learner Card+ (SLC+) members. T&Cs applied.

[05] COURSE OUTLINE

Day 1

[A] Introduction

• The Law relating to Domestic Inquiry

     - With reference to the Employment Act 1955 and court cases

• The Principles of Natural Justice

     - What are the principles of Natural Justice

     - Consequences of non-compliance.

• Types of misconducts

     - Understanding the various types of misconducts

[B] Preliminary Investigation

• Investigating allegations of misconduct

     - Who, when & how to investigate

     - How to record statements

• Assessment of misconduct

- Assessment of the misconduct and how to classify each misconduct

• Management decision

     - Indepth discussion and analysis of the pros and cons of each option available to the management

[C] Pre-Domestic Inquiry

• Drafting of show cause letter/charge sheet

     - Distinguishing between a show cause letter and a charge sheet

- Evaluating facts & evidence when drafting a show cause letter/ charge sheet

     - What are the key points to take note when drafting a show cause letter/charge sheet in order not to jeopardize the case

• Domestic Inquiry role players

     - Composition & qualification of panel members

     - Who can be the prosecutor

• Witnesses

     - Who can be called as a witness

     - Preparing witnesses for DI

• Evidence

     - Distinguishing the various types of evidence

     - Tendering and marking of evidence

Day 2

[D] Domestic Inquiry

• Order of Proceedings

     - Determine who should start the DI proceedings

     - The order of questioning.

• Role of Panel Members during the DI.  The Do’s and Don’ts.

• Rights of the accused employee during the DI proceedings 

[E] Post Domestic Inquiry

• Panel’s Report / Findings and/or recommendations

• Punishment

     - What are the options available to the management

     - How to apply the most appropriate punishment

• Representation to the DG of IR

     - How to handle a representation to the DG of IR

     - What are the options available to the employer

     - Power of the DG of IR (Present and proposed under the amendments to the Industrial Relations Act 1967)

• Procedure at Industrial Court

     - How to manage a representation which has been referred to the Industrial Court

[F] Mock DI

• Mock domestic inquiry to enable participants to have a practical experience in conducting domestic inquiry with commentaries from the facilitator

[06] TRAINER PROFILE

TOH SIEW PAT

101 Global HR Heroes Award Winner 2019, 

Gold Award Recipient (HR Leader) by MIHRM 2017

HRDF Certified Trainer

Toh started his career in 1977 as a police inspector with the Royal Malaysian Police.  He subsequently joined the private sector in 1991 as a security manager before taking up the role as a human resources manager in 1995. Since then, he has headed the human resource and administration department of various public listed companies.

Toh developed his passion for public speaking and training when he was invited to speak in a conference in 2004. Since then, he has conducted numerous in-house training programs, public training programs and has chaired/spoken at various public conferences & seminars. He also speaks in various seminars organized by various State Industrial Relations Departments and State Labour Departments.

Toh was the facilitator for the Malaysian Institute of Human Resource Management’s (MIHRM) Certificate in Human Resource Management (CHRM) and Diploma in Human Resource Management (DHRM) programs (Employment Act module, Industrial Relations Act module and Trade Unions Act module) from 2007 to 2011.

Credentials

a. Academic

    • Bachelor of Laws (LL.B) (Hons), University of London

b. Memberships

    • Life Member of the MIHRM

    • Member of the Malaysian Association of Professional Trainers and Coaches (MAPTaC)

    • Member of the John Maxwell Team (JMT)

    • Member of Toastmasters International (TI)

c. Certifications

    • Human Resource Development Fund (HRDF) certified Trainer (TTT Certificate No. EMP/1456)

    • Maxwell Certified DISC Method Behavioral Analysis Trainer

    • Maxwell Certified DISC Method Behavioral Analysis Consultant

    • Certified John C. Maxwell Coach, Trainer and Speaker

d. Awards

    • 2019 101 Global HR Heroes Award recipient during the 27th World HRD Congress in Mumbai, India

    • 2017 Gold Award recipient in the HR Leader category during the MIHRM’s 17th Malaysia HR Awards in Kuala Lumpur

    • 2017 Certificate of Recognition by the Ministry of Human Resources Malaysia (MOHR) during the ASEAN Productivity Linked Wage Conference (PLiC) in Kuala Lumpur

[07] ENQUIRY & REGISTRATION

Enquiry: yes@sst2u.com

Contact:

   - General (03 - 5888 7357)

   - Teo (011 - 3178 9203)

   - Logesh (012 - 503 0346)

   - Siti (012 - 383 8603)

   - Han (019 - 323 0507)