Misconduct and Domestic Inquiry Procedure

Course Code: HR.7
Dates for this course:

12 – 13 April 2017
22 – 23 June 2017
27 – 28 September 2017
19 – 20 December 2017

Subject: Misconduct and Domestic Inquiry Procedure
Course Fee: MYR 2,500



Who Should Attend?

  • HR and IR personnel
  • All Administration, Executive Heads and Line Managers
  • All Supervisory staff involved in the Due process of an Inquiry

Learning Objectives

  • Understand the concept of Discipline and misconduct
  • Be able to appreciate and identify minor and major misconducts and the necessary actions to be taken
  • To appreciate the term 'Domestic inquiry' and the purpose and objective of conducting the Inquiry
  • Acquire the knowledge on the mandatory steps involved in an Inquiry
  • Understand the step by step procedure in a Domestic Inquiry from the statutory point and to avoid the pitfalls and mistakes in the procedure and the essential documents
  • To understand the roles and functions of the different parties in a Domestic Inquiry
  • Avoid referrals to the Industrial Court on issues pertaining to unfair dismissals and faulty Domestic Inquiries.

Course Content

1. DISCIPLINE
  • The need for Discipline in an Organization
  • Disciplinary action for Misconduct
  • Guidelines for taking disciplinary action
2. PROGRESSIVE DISCIPLINE
  • Progressive Discipline Procedures and Systems
  • The Hot Stove Principle
3. MISCONDUCTS
  • What are Actionable Misconducts
  • The Different Types of Misconducts
  • Minor Misconducts
  • Different Types of Minor Misconducts
  • Types of Disciplinary Actions for Minor Misconducts
  • Major Misconducts
  • Different Types of Major Misconducts
  • Action to take…..The need to conduct a Domestic Inquiry
4. DOMESTIC INQUIRY
  • What is Domestic Inquiry?
  • The concept of Natural Justice
  • The concept of Substantial Justice
  • The purpose of a Domestic Inquiry
  • Suspension pending Domestic Inquiry
  • The Board of Inquiry
  • Understanding the charges and legal representation
  • Ex-parte Hearing
  • Pitfalls in a Domestic Inquiry
  • Consequences of a Defective Inquiry
5. THE DOMESTIC INQUIRY PROCESS AND PROCEDURE
  • The Report of Misconduct
  • The Preliminary Inquiry
  • The Letter of Charge/Charges
  • The Notice of Inquiry
  • Appointment of Prosecutor
  • Appointment of Panel of Inquiry
  • The Inquiry Proper….Process and Procedure
  • The Findings and Decision of the Panel
  • The Order of Punishment
  • Appeal.
6. DISCIPLINARY PUNISHMENT
  • Punishments for Misconducts
  • Warnings…Verbal Warning and Written Warning
  • Suspension
  • Stoppage of Increments
  • Demotion
  • Discharge
  • Dismissal
7. SPECIMEN FORMS AND NOTICES DOCUMENTS
 

Contact Form

 

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