DOMESTIC INQUIRY PROCEDURES
By Faudzil Harun
By Faudzil Harun
1. The chairman must ascertain that the parties to the case are present.
2. Any person who is not an employee of the company or a lawyer shall not
be allowed to present or defend the
case except as a witness.
3. The witnesses must not be in the inquiry until he is being called in and
3. The witnesses must not be in the inquiry until he is being called in and
should not be allowed to remain in the inquiry after
giving his statements
and being cross examined.
the prosecutor.
5. The chairman must explain the purpose and the flow of the inquiry.
6. The chairman must read the charges and ask if the workman understand
the charges made against him. If the workman confirmed his understood
of the charges, the chairman must ask for his plea.
7. If the workman admits to the charges, he should be allowed to express
the circumstances that led him to commit the misconduct and mitigation,
if any. The chairman can request the prosecuting officer to provide a brief
account of the case.
8. If the workman pleads not guilty, the chairman shall then invite the
prosecuting officer to adduce evidence and prove the charges against the
workman.
9. The prosecuting officer shall be allowed to call his witnesses one at a
time to support his case.
10. The witnesses must give evidence in the presence of the workman.
11. After company witnesses has given evidence, the workman must be
allowed to cross examine the witnesses.
12. After the company has stated its case, the workman shall be asked to
make his defence and he can call for his witnesses one at a time to
support his defence.
13. After the Workman’s witnesses has given evidence, the prosecuting officer
shall be allowed to cross examine the workman and his witnesses.
14. If there is a need, members of the inquiry may question any person for
clarifications.
15. After both party have completed their evidence, the prosecuting officer
and the workman shall be asked to make their submissions.
16. All documents and materials exhibits produced at the inquiry shall be
identified clearly.
17. The chairman shall request the prosecuting officer and the workman to
read through the notes of inquiry and sign every page of the notes
including documents or materials exhibits produced at the inquiry to avoid
dispute over the contents. If the workman refuse to sign, then the refusal
should be recorded accordingly.
18. The chairman should allow the workman to make a plea in mitigation and
the panel members should take mitigation factors into consideration.
19. After both party have completed their case, the chairman shall adjourn the
inquiry.
20. The chairman should lead the panel members to a discussion and record
their findings and forward the findings of the panel members to the
management for decision.
As a guide for the panel in preparing the report of inquiry the following factors should be observed:
1. The report should be based on the documentary and oral evidence
produced before the panel.
2. There should not be any assumption on
any issues which are not presented
during the inquiry.
3. Any points of agreements and disagreements among the panel members
should be recorded and the reasons for such agreements or disagreement
assigned.
4. The report should be clear and precise.
during the inquiry.
3. Any points of agreements and disagreements among the panel members
should be recorded and the reasons for such agreements or disagreement
assigned.
4. The report should be clear and precise.
The report of the domestic inquiry consists of the following :
1. The Charge (s).
2. The facts of the case.
3. The concise summary of the company’s case.
4. The concise summary of the employee’s case.
5. Points for determination in the inquiry. This must be clear and specific.
6. Mitigating factors, if any.
7. The findings by the panel.
8. Recommendation of the panel.