How to Guide : Conducting a Domestic Inquiry
A practical guide to conducting a Domestic Inquiry in Malaysia, covering key steps, role assignments, and procedural flow during misconduct investigations.
How to Guide : Conducting a Domestic Inquiry
Before proceeding with a Domestic Inquiry, it is pertinent that the following has been checked off the disciplinary action checklist.
Preliminary investigation has been completed | ✔️ |
Show Cause letter has been issued to the accused employee | ✔️ |
Accused employee has replied to the show cause letter | ✔️ |
Upon receiving the accused employee’s reply, the Company would have to decide if it accepts the employee’s explanation to the charges outlined in the show cause letter. If the explanation is deemed unacceptable, a domestic inquiry will be conducted. The next steps in the domestic inquiry process are
Step 1 | Issue a Notice of Inquiry | Include the details of the Domestic Inquiry and the charges |
Step 2 | Appoint a Prosecutor | To present the Company’s case on the alleged misconduct |
Step 3 | Appoint Panel Members | To decide if the accused employee is guilty of the alleged misconduct |
Step 4 | Appoint a Secretary | To record the Domestic Inquiry proceedings efficiently |
Step 5 | Prepare for the Domestic Inquiry | Identify witnesses to prove the alleged misconduct and prepare questions for the accused employee and witnesses. |
Step 6 | Conduct the Domestic Inquiry | The Chairman should explain the flow of the Domestic Inquiry to all parties before the Domestic Inquiry commences. |
Step 7 | Panel Members to give a verdict | Panel Members will produce a report stating their findings and their reasons for the verdict. |
On the day of the Domestic Inquiry, the proceedings follow this sequence
1. | The Chairman will introduce the parties and explain the flow of the Domestic Inquiry proceedings. |
2. | The Chairman will ask the accused employee if he would like to plead guilty to the charges against him. |
3. | If the accused employee pleads not guilty, the Chairman will proceed to call the Company’s first witness. |
4. | The Prosecutor will begin with examination-in-chief of the witness |
5. | The Accused Employee will cross-examine the witness |
6. | The Prosecutor will re-examine the witness |
7. | Panel Members may ask questions to the witness |
The same process is repeated for all witnesses by the Company. For the accused employee’s witnesses, the procedure for questioning them is as follows
8. | The Accused Employee will begin with examination-in-chief of the witness |
9. | The Prosecutor will cross-examine the witness |
10. | The Accused Employee will re-examine the witness |
11. | Panel Members may ask questions to the witness |
The process above is repeated for all witnesses by the accused employee. The chairman may then request for parties to submit written statements regarding the case before the Panel Members deliver their verdict.
