Monday, 17 June 2013

Domestic Inquiry : Becoming the DI Panel

Introduction

What are the requirement needed for a Domestic Inquiry (DI) Panel ?.  Most people are reluctant to become a DI Panel because they know little about their role, the procedures and ‘how’ to decide in ‘what’ manner. The process and requirement though stipulated in the Malaysian Employment, Labour Law and Industrial Relations practices requires hands on training and knowledge to ensure a proper Domestic Inquiry execution

Objectives

This is a tailor made programmed to equipped the Management and the Middle Management team who are not from HR background with a ‘hands on’ skill and approach in addressing employment related issues at the workplace and becoming a competent person to handle any DI Process and procedures. It is also the objective to have a pool of management personnel that have the ability and knowledge to conduct any DI at any time

Methodology

Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner by way of lecture, workshop, group discussion and sharing the experience session

Course Content

1. Who should be the DI Panel?

-  By designation and position
-  By hierarchy of management
-  Third party

2. Requirement to become a panel

-  Whether the panel should know about the case prior to the inquiry
-  Can the panel be the superior of the accused
-  What are the points that the panel should take

3. Who should be the Investigating Officer (IO)  ?

-  Can the Panel become the IO ?
-  Can the IO be more than 1 person ?
-  Personality of the IO and the relationship with the accused
-  Can the Internal Auditor act as an IO ?
-  Can the IO becomes a prosecutor  ?

4. Who should be the Prosecutor ?

-  Can a non-HR becomes a Prosecutor ?
-  What are the pre-requisite requirements

5. Evaluation of the charge sheet

-  What to look on the charge
-  Definition of the misconduct
-  Negligence and insubordination issues to be meted out
-  Aggravation of misconduct
-  Provocation of misconduct
-  Criminal misconduct
-  Sexual Harassments

6. Disciplinary Procedure

-  Code of conduct for Industrial Harmony
-  Sections 13, 14 and 15 of the Employment Act 1955
-  Court awards
-  Common mistake by employers

7. Principle of Condonation

-  What is Condonation
-  Was there any elements of Condonation
-  Time vs. action
-  Court awards

8. Domestic Inquiry Procedure

-  The employers to hire  and the right to fire
-  The requirement : Section 14 of Employment Act
-  The prosecutor, the panel, the decision maker and the process
-  Types of punishment

9. Deciding the case
 
-  Evaluation of physical evidence tendered
-  Evaluation of witnesses’ statement
-  Evaluation of documentary evidences
-  Evaluation on the admission of guilt

10.Guilty or Not guilty

-  No element of bias
-  No element of favoritism
-  No elements of revenge

11.Controlling the process and the session

-  The procedure
-  The aggressive accused
-  The lying witnesses
-  The over reacted prosecutor

12. How to summarize the findings
 
-  Collection of evidence tendered
-  Collection of probabilities from the statement taken
-  Facts and figure of the case
-  Provisions of law, in house regulations and SOPs


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