COURSE OBJECTIVE
This course aims to provide end-to-end knowledge of when and how a domestic inquiry should be conducted. The program focuses on investigation techniques, roles of Managers in a matter concerning misconduct, the evidence collection process and DI proper. Participants can expect to independently run a domestic inquiry without qualms by the end of the session.
DAY 1
REGISTRATION
8.30am – 9.00am
Overview of Industrial Relations in Malaysia
• Requirements under s.14(1) of the Employment Act 1955
• Brief introduction to s.20 of the Industrial Relations Act 1967
• Understanding how Line Managers t into a process of managing their people
9.00am – 10.30am
MORNING TEA BREAK
10.30am – 10.45am
Overview of Misconduct
• Statutory provisions on misconduct
• Blueprint for Supervisors in managing misconduct
• Hot stove principle in managing misconduct
10.45am – 1.00pm
Lunch Break
1.00pm – 2.00pm
(Continue) Overview of Misconduct
• Case studies on various types of misconduct and the importance of a Manager’s thought process when investigating
• Difference of processes between misconduct and poor performance
• Disciplinary flowchart
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
Types of Misconduct
• Malingering
• Sleeping on duty
• Absenteeism
• Lateness and leaving early
• Neglect of duty and negligence
• Refusal to obey instructions
• Disrespect and insubordination
• Theft, cheating an
• Private Conduct
4.00pm – 4.45pm
Q & A Session - End of Day 1
4.45pm – 5.00pm
DAY 2
REGISTRATION
8.30am – 9.00am
Domestic Inquiry
• Statutory provisions on discipline
• Due Inquiry
• Preparing for a DI – checklist to consider
• Understanding the roles – Chairman, panel members, prosecutor, secretary
• Understanding the ow of a DI
9.00am – 10.45am
Morning Tea Break
10.45am – 11.00am
(Continue) Domestic Inquiry
• Rules of natural justice (with case studies)
• Examination techniques
• Admissible evidence vs unlawfully obtained evidence or hearsay
• Difference between Responsibility and Accountability
• Case studies on defective DI – how other companies have failed
11.00am – 1.00pm
Lunch Break
1.00pm – 2.00pm
Decision Making Process
• The role of a panel in decision making process
• Drafting a solid panel report
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
(Continue) Decision Making Process
• Burden of proof and standard of proof
• Punishment-considerations, case studies