INTRODUCTION / OBJECTIVES
Employment is akin to a Proprietary Right and is one of the core Fundamental Liberties for an individual. It is therefore pertinent to ensure fairness in finding the truth to the charges of misconduct imposed on an Employee. Hence, a Domestic Inquiry is carried out to achieve this. The validity and accuracy of a Domestic Inquiry can only be achieved if the conduct of the Domestic Inquiry adheres at all stages to the principle of Natural Justice. The principle of Natural Justice are two fold ie “audi alteram partem and nemo judex in causa sua”. The Terminal Objective of this Seminar is to prepare participants with the knowledge on the practical aspects of the proper conduct of a Domestic Inquiry. Having attended this Seminar, the participants will be able to conduct the Domestic Inquiry in accordance to the Best Practices of Industrial Relations and the Law.
 
METHODOLOGY
Lectures, Group Discussions,
Activity: Domestic Inquiry Role Play
 
WHO SHOULD ATTEND?
• Senior Managers
• Line Managers
• HR/IR Executives
 
COURSE OUTLINE
 
DOMESTIC INQUIRY PROCEDURE
• Understanding the Principle of Natural Justice
• Preliminary Investigations
• Notice of DI including Drafting of charges
• Selection of Panel of Domestic Inquiry
• Role of Panel of Domestic Inquiry
• Role and Functions of Prosecuting Officers/Investigating Officers
• Understanding the process flow of the DI
• Examination-in-Chief
• Re-Examination
• Findings and Decision
• Punishment
• Cross Examination
• Understanding the preparation of Minutes of Inquiry
• Findings of the DI
• Discussion on 2023 Federal Court decision case: Amirul Fairuz Ahmad v. Universiti Teknologi Petronas
 
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MS. SARASWATHI RAVINDRAN
A Principal Consultant-IR with more than 15 years’ experience with MEF. She is a lawyer by profession who has completed her Masters in Law (UKM). She graduated from University of Northumbria UK and also has the Certificate in Legal Practice. Prior to joining MEF she has worked in an established Legal Firm in Kuala Lumpur as an Advocate and Solicitor specializing in Industrial Relations Practice. Her current duties include handling Industrial and Labour Court cases representing MEF’s Member Companies. She also provides advisory and consultancy services to member Companies pertaining to Employment matters. She is also actively involved in providing Trainings, in relation to The Employment Act 1955, Disciplinary Procedures, Managing Probationers, Termination.