24 April 2013

HR MANAGEMENT - Domestic Inquiry Procedures






DOMESTIC INQUIRY PROCEDURES

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 
      should not be allowed to remain in the inquiry after giving his statements 
      and being cross examined.

4.   The chairman must begin the inquiry by introducing the panel member and
      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.

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.