HR MANAGEMENT - Preparing for A Domestic Inquiry

PREPARING FOR A DOMESTIC INQUIRY

By Faudzil Harun

Selection of the Panel Members

1.  The panel members should be impartial persons, as far as possible of 
     managerial level and should not be subordinate in rank to the delinquent 
     employee. This should be the norm.


     However in Dynasty Hotel Kuala Lumpur v Jaspal Kaur, I/C Award 
      592/97, one of the panel members was junior to the claimant. The 
     Industrial Court did not see anything wrong in this as long as the domestic 
     inquiry was to determine the truth and had nothing to do with personal 
     glory.


2.  The number of panel members is at the discretion of the company. In 
     smaller organization, a single panel member would suffice.

3.  If there is more the one member on the panel, a chairman must be 
     appointed amongst the members.

4.  The panel members must be given appropriate training to understand their 
     role and purpose of the inquiry.

5.  The panel members should be trained to handle critical situation during the
     inquiry.

6.  The panel members must not be briefed of the case before the inquiry.

7.  The panel members must not be biased and certainly not instructed on 
     what decision is expected of them.

8.  The panel members should not lose control of themselves and not to get
     involved in any argument or war of words even if provoked.


Duty of the Chairman

1.  The chairman must be on control of the proceeding.
2.  The chairman must begin the inquiry by introducing the panel member and
     the prosecutor.
3.  The chairman must explain the purpose and the flow of the inquiry.
4.  The chairman must warn the accused and union representative to control 
     the war of words situation.
5.  The chairman must warn the accused and his representative that he would
     adjourn the inquiry and continue the inquiry without their presence should 
     they persist in disregarding the chairman’s desire for peaceful inquiry or if 
     the accused walk away during the inquiry.
6.  The chairman must ensure that the proceeding is conducted in a civil 
     manner,disallow any bullying, harassing and irrelevant questions.
7.  The chairman must control tense situation and allow short breaks to allow
     tempers to cool down.
8.  The chairman must ensure that the accused be given fair opportunity to 
     explain, cross-examine the company’s witnesses and defend himself.


The Prosecutor

In any domestic inquiry, the employer must appoint a person who is not likely to impose his personal knowledge, into the proceedings in which he is a prosecutor. 

The investigating officer is the most effective person to prosecute a case at a domestic inquiry. Domestic inquiries are managed by ordinary management staff of a company and should not be bogged down by technicalities and refinements of criminal court practice. The prosecutor should not be a person who is biased to any party.

The Role of the Prosecuting Officer  

●  To submit his case to the Chairman.
●  To produce his witnesses in front of the panel and submit evidence there 

    from.
●  To summit exhibits for the case.
●  To allow his witnesses to be cross-examined by the alleged employee or his 

    union official.
●  To cross-examine witnesses produced by the alleged employee.
●  To make his submission at the close of the inquiry as allowed by the 

    Chairman.