Scribd Logo
Upload

Welcome to Scribd!

  • 2K views

    The Process of Domestic Inquiry

    Uploaded by

    zik
    The Secretary's role is to accurately document the proceedings of the domestic inquiry by: 1) Recording verbatim notes of all testimony, evidence presented, and discussions throughout the inquiry; 2) Providing the written record of the inquiry to the Chairman to aid in their deliberations and final report; 3) Having the notes countersigned by the alleged employee to verify their accuracy and avoid future disputes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    The Process of Domestic Inquiry

    Uploaded by

    zik
    2K views15 pages
    The Secretary's role is to accurately document the proceedings of the domestic inquiry by: 1) Recording verbatim notes of all testimony, evidence presented, and discussions throughout the inquiry; 2) Providing the written record of the inquiry to the Chairman to aid in their deliberations and final report; 3) Having the notes countersigned by the alleged employee to verify their accuracy and avoid future disputes.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Secretary's role is to accurately document the proceedings of the domestic inquiry by: 1) Recording verbatim notes of all testimony, evidence presented, and discussions throughout the inquiry; 2) Providing the written record of the inquiry to the Chairman to aid in their deliberations and final report; 3) Having the notes countersigned by the alleged employee to verify their accuracy and avoid future disputes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views15 pages

    The Process of Domestic Inquiry

    Uploaded by

    zik
    The Secretary's role is to accurately document the proceedings of the domestic inquiry by: 1) Recording verbatim notes of all testimony, evidence presented, and discussions throughout the inquiry; 2) Providing the written record of the inquiry to the Chairman to aid in their deliberations and final report; 3) Having the notes countersigned by the alleged employee to verify their accuracy and avoid future disputes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 15

    DOMESTIC INQUIRY

    SIVANESAN K
    VICE PRESIDENT - UNION EXECUTIVE CIMB
    BANK
    THE ACT
    SECTION 14 – EMPLOYMENT ACT 1955
    1) An employee may, on the ground of
    misconduct...of his service, after due Inquiry
    a)Dismiss .. the employee

    b)Downgrade the employee

    c)Impose any other punishment as he deems


    just and fit.
    2) For the purpose of an inquiry….the employer
    may suspend…
    MISCONDUCT
    Section 14 implies misconduct as conduct of an
    employee that is inconsistent with the fulfillment
    of the express or implied conditions of his
    service.

    Dictionary meaning – improper behavior or


    deliberate violation of a rule of standard
    behavior.
    MISCONDUCT
    KIND OF MISCONDUCT:
    1) Disrespect and insubordination
    2) Disobedience or refusal to obey
    3) Lateness and absence
    4) Sleeping on duty
    5) Failure or refusal to work
    6) Threat and assault
    7) Gambling and quarreling
    8) Theft and dishonesty
    9) Cheating and misappropriation
    10) Fraud and misrepresentation
    11) Duty to serve loyally and faithfully
    12) Duty of care and negligence.
    DUE INQUIRY
    o DUE INQUIRY also means DOMESTIC
    INQUIRY.
    o It is a statutory requirement to hold a
    Domestic Inquiry – s14 of EA 1955.
    o No specific rule on how a Domestic inquiry
    should be held?
    o As such we need to look at Court’s Decision in
    coming to a guidelines.
    o Courts advocates “natural justice” as a rule on
    Domestic Inquiry.
    NATURAL JUSTICE
    Courts defines two main rule in regards to “natural
    justice”…
    a) Rules against bias – impartiality.
    b) Right to be heard - fairness.

    Simply means that the workman who is being charged


    for misconduct have:
    1) Reasonable notice on the case he has to meet.
    2) Reasonable opportunity of being heard in his
    defence.
    3) The hearing must be impartial – panel of judges
    must not be directly or indirectly a party to the case.
    DOMESTIC INQUIRY
    Sketch Plan
    J2 J1 J3 J1/J2/J3 – Panel of judges
    J1 – Chairman
    W – witness
    D - defendant
    S W
    U1 – Union rep / collegue
    PO – Prosecution Officer
    S – Secretary

    PO U1 D
    DI - Proceedings
    1. Panel sits at the appointed time and venue to commence the
    inquiry.
    2. The Chairman introduces the panel members to the
    defendant. Challenges or objections if any to be recorded.
    3. Confirmation of the witnesses by parties, choice of
    common language as well as the representation for the
    defendant.
    4. The Chairman reads and explains the charges to the
    defendant.
    5. Records the plea of the defendant.
    6. If the defendant pleads guilty, the Chairman will repeat the
    charges and explain the consequences of the offence and
    confirm the plea again. Both parties will be required to submit
    their cases to reinforce or to mitigate.
    DI - Proceedings
    7. If the defendant pleads not guilty, the process continues.
    8. Prosecuting Officer presents his case and witnesses.
    Witnesses will be asked to relate their knowledge of the case
    to the panel through questioning process by Prosecuting
    Officer. The panel members may intervene to clarify.
    9. Upon completion of the questioning, the defendant is given
    the opportunity to cross-examine the witness.
    10. The Prosecuting Officer will then be given the opportunity to
    re-examine his witness.
    11. This process is repeated for every witness that is brought in
    front of the panel.
    DI - Proceedings
    12. The witnesses of the defendant will go through the same
    process where the Defendant will conduct his questioning
    first, followed by the Prosecuting Officer in his cross-
    examination.
    13. After all the witnesses and evidence has been put forward to
    the panel, both parties will be asked to make their
    submission of the case. All the facts and evidence of the
    case will be summarised at this step.
    14. The Chairman will then close the inquiry and release the
    parties.
    15. The panel will deliberate on the case and prepare its
    findings and recommendations for submission to the
    appropriate authority as required by the notice of the inquiry.
    16. The appropriate authority will make the final decision based
    on the findings and recommendations of the panel. The
    defendant will then be informed of the decision in writing.
    DI - The Role of Chairman
    ‰ To have overall control of the running of the inquiry.
    ‰ To ensure that the alleged employee understands the charge
    by reading and explaining its contents at the start of the inquiry.
    ‰ To allow the prosecutor, the alleged employee or his union
    official to submit their evidence.
    ‰ To ensure that all witnesses are produced to testify in front of
    the Panel.
    ‰ To keep all records, evidence and exhibits adduced during the
    inquiry.
    ‰ To delegate specific duties to the panel members as he thinks
    fit in the conduct of the inquiry.
    ‰ At the end of the inquiry, he is to deliberate on the case with
    the panel members and form up a finding and an opinion
    together with the recommendation on the disciplinary action to
    be taken against the alleged employee.
    DI - Role of Prosecuting Officer
    ‰To submit his case to the Chairman.
    ‰To produce his witnesses in front of the panel and submit
    evidence therefrom.
    ‰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.

    The union official representing the alleged employee will assume


    the role similar to that of the Prosecuting Officer, except that his
    role is to represent the alleged employee in making his defence
    DI - Role of Witnesses
    ‰ The role for both the employer and the alleged employees
    witnessses testifying during the inquiry is to answer questions as
    directed to them.

    ‰ They should state what they personally saw, or know about


    the case.

    ‰ They should not fabricate evidence for whatever reason.

    ‰ Their role is to tell the truth.


    DI - Role of Alleged Employee
    ‰ To be present in front of the Panel of Inquiry to defend himself.
    ‰ If he is represented by his union official, to allow him to
    question the witnesses.
    ‰ If he is not represented, to question the prosecution witnesses
    during cross-examination.
    ‰ To produce his witnesses in front of the Panel of Inquiry to
    defend himself.
    ‰ To make his submission at the close of the inquiry as his final
    defence.

    It is to be noted that, should the alleged employee be absent or


    •

    fail to attend the domestic Inquiry after being duly informed,


    without any reasonable excuse, the inquiry may proceed without
    him. Such an inquiry is allowable and referred to as ex-parte
    inquiry.
    DI - Role of the Secretary
    Normal proceeding in a DI, the Chairman / one of the panel
    members will write down all the proceedings (notes of the
    inquiry) but as per our Banks practice this duty is passed on to
    the Secretary… role of the secretary:

    ‰To write down all proceedings (verbatim / typed), word for


    word, throughout the course of the Domestic Inquiry.

    ‰ Passed on all the notes of the inquiry to the Chairman.

    To ensure that there is no dispute from the defence, the notes


    should be counter signed by the alleged employee.

    You might also like