HR MANAGEMENT - Notice of Domestic Inquiry

NOTICE OF DOMESTIC INQUIRY

By Faudzil Harun

Important Information in the Notice

Once it is decided to go on with a domestic inquiry, the employee concerned should be suspended from work if he has not been suspended already pending investigations. He should be given notice of the inquiry with the following important information :

1.  The charge or charges leveled against him;
2.  Date, time and place where the inquiry is to be held;
3.  The right to bring witnesses;
4.  The right to be represented by a union official.
5.  The domestic inquiry will go on with the hearing ‘exparte’ (hearing one side
     only), if the employee fails to present himself without reasonable excuse.


In Koperasi Belia Maju Jayas (M) Bhd v Muthu V, I/C Award 97/94, the court held that : “A days notice had been held to be in violation of the rules of natural justice.”



The Charge or Charges Leveled Against the Employee

Great care must be taken when an employee is to be charged with misconduct. Some guidelines on charges have been given in Mohd Zambri b Md Noor and Tai Kit Lim v Syarikat Dunlop Malaysian Industries Bhd, I/C Award 14/76, it would be useful to follow the guidelines when framing charges :

(a)  The domestic inquiry commences with the issue of the charge sheet. A 
      charge sheet is a document outlining the allegations of misconduct, 
      indiscipline or omissions etc.

(b)  That before proceeding with the domestic inquiry against an offending
      employee, he must be informed clearly of the charges leveled against 
      him.

(c)  That the charge sheet should specify set out all the charges which the    
      workman is called upon to show cause against and should also state all
      relevant particulars without which he cannot defend himself.

(d)  That he must have ample opportunity to meet the charge.

(e)  That the charge must be in writing and should not be vague.

(f)  That after serving the charge sheet the delinquent workman should be 
      given sufficient opportunity enabling him to give a proper explanation and 
      defend himself.

(g)  That the employer cannot justify his action on any grounds other than 
      those contained in the charge sheet.


Example of charges that are vague :

1.  Reluctant to carry out instructions of superiors.
     ● What were the instructions?
     ● Who gave them and when?
     ● How were the instructions given?
     ● Were they lawful?

2.  You have been found to have submitted a false claim for overtime.
     ● When it was submitted?
     ● Overtime for what period?
     ● How many hours?

3.  You have used language disrespectful, insolent and pertinent against the
     manager.
     ● What was the language used?
     ● When the language used?
     ● Who heard that?


Sample Charges :

1.  That you had proceeded to go on leave from 01/01/1996 to 10/01/1996 

     despite the fact that you failed to obtain prior approval of the company 

     thereby absenting without permission for a total of 9 working days. By so 

     doing you have committed a serious act of misconduct.

2.  That you on 16/10/2004 submitted a false claim for RM24/- (Ringgit 

     Malaysia Twenty Four Only) for two (2) hours overtime, from 1700hrs till 

     1900hrs though you had not worked overtime on the said date and time.

3.  That on 14/08/2009 you had refused to carry out overtime work from 

     1700hrs to 1900hrs on the same day without giving a reasonable excuse. 

     Your superior, Mr. Ang Pow had instructed you to carry out overtime work 

     in the employee briefing given by Mr. Ang Pow on 14/08/2009 between 

     1400hrs and 1415hrs in order to meet the shipping schedule of the 

     company. By so doing you have committed an act of misconduct.

The Right of the Employee

1.  To know the charges made against him.
2.  The date and time the misconduct occurred.
3.  The place where the misconduct took place.
4.  Reasonable time to meet the charges.
5.  Excess to information or documents related to the charges made against 

     him.
6.  The opportunity to face and challenge his accusers, witnesses and 

     whatever evidence there is against him.
7.  He should be given the opportunity of cross examining the witness 

     examined by the employer.
8.  To request for postponements to enable him to seek advice from his union 

     or for some other reasonable reasons.