[01] COURSE INTRODUCTION

Section 14(1) of Employment Act 1955 only mentions "due inquiry" before meeting capital punishment for misconducts but does not provide specific procedures as to how an inquiry should be conducted. The Industrial Court always held that natural justice had not been done if an employer did not hold an inquiry or proper inquiry and the Court would invariably rule against the employer who failed to do this.

It is an important principle that no employee should be dismissed for misconduct unless the employee concerned had been given an opportunity to defend himself or had been given an opportunity to be heard.

This practical training encompasses procedures and steps in holding domestic inquiry proceedings in line with principles of natural justice (audi alteram partem and nemo judex in causa sua). The roles of Chairman, Panels, Investigating Officer, Prosecuting Officer and Secretary is well defined and explained easily.

[02] COURSE OBJECTIVES

• Practically conduct domestic inquiry proceedings at workplace

• Practically write domestic inquiry reports

• Understand principles of natural justice and its compliance

• Understand the importance of domestic inquiry

• Understand misconducts and disciplinary actions

[03] WHO SHOULD ATTEND

• Inquiry Appointing Panel of Inquiry

• Preparation of Company Witnesses

• Directors

• Checklist Pre-domestic Inquiry

• Human Resource Managers

• Human Resource Personnel

• Head of Departments

• Unit Heads

[04] METHODOLOGY

Interactive lectures, case study, mock domestic Inquiry and review of court awards

FREE FOR PARTICIPANTS:

☑ Course Material

☑ Domestic Inquiry Checklist

☑ Sample of Show Cause Letter

☑ Sample Notice of DI and Suspension

☑ Sample Appointment of Chairman

☑ Sample Appointment of Panel Members

☑ Sample Memo to Witnesses

☑ DI Report Template

☑ Sample Dismissal Letter

*Terms & conditions applied

[05] DATE, TIME & FEE

Date：         16-17 Oct 2024 (Wed-Thu)
Time：         9.00am - 5.00pm
Venue：      Courtyard By Marriott, KL South

FEE

[ HRDF Claimable ]

   - Early Bird Offer (before 28 Sep 2024) – RM 1740
   - Special Offer (before 12 Oct 2024) – RM 1820
   - Normal Fee – RM 1,890

>> Fee includes Course Notes, Meals, Certificate of Completion & 8% Service Tax

** OFFER ** 

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

[06] COURSE OUTLINE

DAY ONE

Module 1: Security of Tenure 

• Cases relating to Security of Tenure

• Federal Constitution

Module 2: Section 20 of Industrial Relations Act 1967

• Representation on Dismissal

• Conciliation Meeting

Module 3: Function of Industrial Court

• Burden of Proof

• Shift in the Burden of Proof

• Adverse Inference

• Award

• Standard of Proof

Module 4: Misconduct

• Definition of Misconduct

• Types of Misconduct

• Minor & Major Misconducts

• Misconducts Warrants the Punishment of Dismissal

• Misconducts of Criminal Nature

• Right of the Employer to Disciplining Employees

Module 5: Investigations 

• When to Investigate?

• Investigation Report

Module 6: Doctrine of Condonation

• Essential Elements of Condonation

Module 7: Suspension of Employee 

• Purpose of Suspension

• Duration of Suspension

Module 8: Domestic Inquiry 

• What is Domestic inquiry?

• Purpose of Domestic Inquiry

• Principle of Natural and Substantive Justice

• Type and Severity of Punishment

• Pitfalls in Domestic Inquiry

Q&A Session

End of Day One

DAY TWO

Module 9: Framing of Charges 

• Material Particulars in Charges

• Sample Charges

• Consequence of Defective Charges

Module 10: Pre-Domestic Inquiry 

• Show Cause Letter and its Effect

• Notice of Domestic

Module 11: The Domestic Inquiry Proceedings 

• Role of the Chairman

• Managers

• Examination-in-Chief

• Executives

• Cross-Examination

• Officers/ Supervisors

• Re-examination Submissions

Module 12: Mock Domestic Inquiry

Module 13: Post Domestic Inquiry 

• The Findings and its Ground

• Writing Domestic Inquiry Report

• Mitigation and Punishment

• Doctrine of Proportionality of Punishment

Q&A Session

End of Training

[07] TRAINER PROFILE

DAVE MUNISWAR M

HRDF Certified Trainer,

Ex-Industrial Court Panel,

Ex-SOCSO Appellate Board Panel

Dave is a human resource practitioner with over 20 years of experience. He had served reputable local companies and MNCs upon graduating from National University of Malaysia (UKM). He had been appointed as Industrial Court Panel and SOCSO Appellate Board Panel by the Ministry of Human Resource where he had sat for hearing on trade disputes. Dave has been training for the past 15 years and he specializes in employment laws, industrial relations and human resource which are his expertise field. He is well known for designing practical training program that improves organizational effectiveness and individual performance leading to organizations achieving their strategic plans.

Dave also provides consulting services actively for both employers and employees with regards to industrial disputes. He had represented numerous clients at conciliation meeting, mediation and hearing at Labor Court and Industrial Court. He has trained executives and managers from various sectors including manufacturing, hospitality, telecommunications, education, service sector, government agencies and plantations with positive track record from participants. He is also engaged as Trainer by numerous renowned training providers.

As a Human Resource Consultant, he actively provides consulting to many corporate companies. This includes staffing, performance management, disciplinary issues, industrial relations, collective bargaining, collective agreement, succession planning, retrenchment, employee satisfaction surveys, legal compliance auditing, company policies, contract of service, contract for service, training need analysis etc.

[08] ENQUIRY & REGISTRATION

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