POST-CONFERENCE
7 & 8 May 2018
Kuala Lumpur

Domestic Inquiry

Dr Balakrishnan Muniapan

Introduction

This workshop will provide the necessary tools for managers to handle and manage misconduct and domestic inquiry procedures at their respective organiSation. Misconduct is a disciplinary issue when an employee commits an act which is not consistent with his terms and conditions of employment. Misconduct may lead to termination. However many employers seem to be totally unaware that they do not have the absolute right to terminate the services of an employee even though the employee might have been caught red-handed committing an act of misconduct.

 

The industrial relation statistics over the preceding five years indicates that majority of cases of dismissals due to misconduct that had been referred to Industrial Court were unjustified or unfair terminations. The mistakes and errors not only cost the organizations money, but also embarrassment. A careful analysis of these cases reveals that the employers have failed to adhere to the proper procedures in dismissals especially the process of domestic enquires and the violation of the rules of natural justice in the conduct of domestic enquires.

 


Objectives

This program is designed to help the participants achieve the following objectives:
1. Learn how misconduct should be handled in organization in an efficient and effective way
2. Understand the concept of misconduct from the legal and practical perspective.
3. Understand the legal principles in relations to misconduct and domestic inquiry.
4. Acquire practical knowledge and skills of conducting domestic inquiry.
5. Able to know the consequences of poor management of misconduct in employment
6. Understand the remedies available for employees in Malaysian industrial law

 


Course Content

1. Misconduct
• The foundation of good employment relations and the psychological contract of employment
• Misconduct – act or omission inconsistent with the expressed and implied terms and condition of  employment
• Misconduct in industrial relations and other forms of misconduct
• Major and minor forms of misconduct
• Sexual harassment at workplace and manager's role in dealing with it
• Preventing misconduct in employment
• The doctrine of condonation – what it is and what it is not?
• Investigating a misconduct – the process, the procedures and the burden of proof
• Some Industrial Court's awards on misconduct

 

2. Domestic Inquiry
• Domestic Inquiry – a formal hearing held by an employer before an employee is dismissed or before any  other major penalty is imposed
• The purpose of domestic inquiry and when to conduct a domestic inquiry
• To hold or not to hold a domestic inquiry and what is the situation if no inquiry is conducted before dismissing  an employee?
• Preparation of show-cause letter and preparation for domestic inquiry
• The principle of natural justice
• The procedures and guidelines for holding an domestic inquiry – video presentation and mock inquiry  (role play)
• Guidelines for Members of a panel conducting a domestic inquiry
• Common pitfalls in conducting a domestic inquiry
• Some Industrial Court's awards on failure to hold a domestic inquiry

 

3. Remedies
• Remedies – for employees / workman (Section 20, Industrial Relations Act 1967)
• Unfair dismissal, wrongful dismissal and constructive dismissal
• Unfair dismissal – options available for employees /workman
• Industrial relations – conciliation and arbitration
• Proactive management of employee relations

 

Workshop Facilitator

Dr. Balakrishnan Muniapan [B.Econs (UKM), CIWT (AUST), MSc (HRM) (UK), DBA (Philippines)] is a specialist in HRM and currently an Associate Professor in HRM at a University in Penang. He was conferred the "Best Professor in HRM" awards at the World Education Congress, Asia's Education Excellence 2014 in Singapore and at the World HRD Congress 2017 in Mumbai, India. He has also been a Visiting Professor in HRM and has served as an external examiner for DBA/PhD thesis for several universities within Asia and Africa. In academia, Dr Bala has published over seventy articles in international journals, conference proceedings, and book chapters. As a HRM speaker, Dr Bala is frequently honored as an invited speaker and has presented papers on HRM at conferences in numerous countries within Asia, the Middle East, Australia, South Pacific, Africa and Europe. Dr Bala is a PSMB (Malaysia) Certified Trainer (Exemption No: EMP/0899) and an Australian College of Applied Psychology (ACAP) Certified Workplace Trainer (Level IV). As a HRM trainer and consultant, Dr Bala has vast experience in HRM training and consultancy programmes and has contributed tremendously towards HRM effectiveness for more than hundred organisations within Malaysia and in Asia.

 

 

NELC Price