Misconduct and How to Conduct an Effective Domestic Inquiry
2 Day Course
Issues on misconduct and discipline of employees has been an age old problem faced by employers, regardless of the context. This two-day intensive training programme looks at various
At the end of the training, participants will be able to:
- Handle disciplinary problems more efficiently and effectively.
- Work towards creating a better working environment to reduce employee misconduct.
- Handle investigations and due inquiries professionally.
- Ensure proper documentation to protect employer's interests.
Who Should Attend
- Human Resource Managers/ Executives/ Officers
- Industrial Relations Managers/ Executives/ Officers
- DI panel members
- Corporate Counsel
- Employee Relations Manager
- Compensations and Benefits Manager
- Managing Director
- General Manager
- Other HR practitioners
The workshop is highly participative and practical, with extensive individual and group exercises. The trainer will lead particular sessions with both concurrently supervising interactive activities. Lectures will be reinforced with practical application, role-playing and training games.
Morning THE NATURE AND TYPES OF MISCONDUCT
- Concept of misconduct
- Breaches of express or implied conditions of service
- Acts of misconduct including absent without leave and sexual harassment
- Company Rules & Regulations
Afternoon THE NEED TO HOLD DOMESTIC INQUIRY
- Employer’s Right to Discipline
- Employee’s right to Security of Tenure
- Statutory requirements
Employment Act s. 14(1)
Industrial Relations Act s.5(2)(a)
Industrial Relations Act s.30(5A)
- Contractual or CA requirements
- Requirements of Natural Justice
- Industrial Court guidelines on DI
- Investigation of Complaints
- Law on Condonation
- Issuing Show Cause letter
Morning DOMESTIC INQUIRY PROCEDURES
- Notice of inquiry
- Role of Company Prosecuting Officer (PO)
- Role of Board of Inquiry
- Recording of proceedings by the Board
- Adducing evidence examination in chief, cross examination, re-examination of witnesses and submission by both parties
- Findings report and recommendations
- Quantum of punishment
Afternoon mock domestic inquiry
Atan Mustaffa Yussof
AtaN Mustaffa holds an LL.B from the University of Bristol, an MBA from the University of Exeter and the Certificate in Training Practice from the Chartered Institute of Personnel Development (CIPD). He is currently an advocate and solicitor who is an active industrial relations practioner. He regularly appears in the Industrial Court representing both employers and employees and is very familiar with the law on domestic inquiry.
He also has had previous experience working in the corporate sector and has served in a number of strategic roles including training and development.
Today he combines his experience and knowledge in law with professional training skills to deliver high quality legal training to the corporate sector.
His deeper appreciation of HR issues comes from being both a legal practioner on employment issues and having worked as a manager in the corporate sector. He brings a well-balanced insight on conducting domestic inquiries covering legal aspects within a strategic framework that places value on human capital.
For more info, please go to http://domesticinquirymalaysia.com/