Monday, 17 June 2013

Investigation and Prosecution Skills For Domestic Inquiry

Introduction

Good investigation is the key to any good labour and domestic Inquiry process. Proper Investigation is knowledge is a must to every HR/IR personnel. The lacking of this knowledge will surely resulted in the inefficiency of the HR function and for the Company as a whole.

Objectives

This programmed is a focused training on how a proper investigation and prosecution should be done from the perspective of the Industrial Court. It is also the objective to ensure the participant to understand how to not only conduct the investigation but also to bring the charges with good evidence during the DI for a proper and fair conviction against the accused.
Course Content

( Investigation )

1. What to investigate?
-  Established a case and locus (right to act)
-  Understand the charges
-  Categorization of cases i.e whether light or serious

2. How to start ?
-  Collection of documentary evidences
-  Collection of item evidences
-  Collection of witnesses’ statement

3. How to build a case ?
-  On Sexual Harassment
-  On Criminal related matters i.e criminal breach of trust, theft,    drugs, etc
-  On Employment misconduct i.e absenteeism, insubordination,    tardiness, etc

4. When to interview the witnesses ?
-  Suitable venue for the interview session
-  Who should be in the interview session
-  How to record the answer
-  What questions should be asked

5. How to evaluate evidence ?
-  Co-relation between the misconduct and the evidences
-  How to handle 3rd party documents or witnesses
-  What documents to be tendered during domestic inquiry
-  Can video footage be admissible and be used in the DI process ?
-  Can a recorded voice be admissible to prove misconduct ?
-  How to determine genuine evidences?
-  Is necessary to call the maker of the document to testify the    documentary evidences ?
-  How to relate evidence with the misconduct ?

6. Other resources of information
-  How to extract info from the reply of the show cause letter
-  How to relate the case law of similar misconduct
-  How to emphasis the Handbook and Standard Operating Procedures in    relation to the misconduct
-  How to bring the Contracts and agreements to support the contention
-  How to make reference to the meeting minutes agreed upon prior to    the misconduct ?

7. Preparing the case for DI proceeding
-  How to arrange the document in the case bundle (s) according to the    sequence
-  When to call the witnesses
-  When to asked the key questions

8. To decide whether the charge(s) is in line with all supporting    evidences

( Prosecuting )

1. How to prosecute?
-  The objective
-  The anticipation and expectation from the accused


2. The charge(s) being the guideline

-  What document to be used 1st ?
-  Which witness o be called in 1st ?

3. The art of listening for answers

4. How to asked question ?

-  Issues to be agreed by both parties’
-  Based on documents
-  Based on the witnesses statement

5. Utilization of evidential armory

-  Collection of documentary evidences
-  Collection of item evidences
-  Collection of witnesses’ statement

6. How to deal with admission of guilt

-  Whether to continue with other evidences
-  How to record admission of guilt

7. Understanding the Domestic Inquiry process

-  When to do examination in chief
-  When to cross examine
-  When to re-examine.

8. Ethics and decorum

-  Addressing the panel
-  Addressing the accused
-  Manners during the proceeding

9. Role-Play

Learning 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


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