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Duration :

2 days ( 9am – 5pm )

Medium :

English & Bahasa Malaysia

Register Before:

Who should attend:

  • Non-HR Managers
  • Executives
  • HOD’s required to serve on D.I. Panel.
  • Personnel involved in disciplinary action decision including dismissal.

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OBJECTIVE-01

 

 

 

At the end of the programme, participants will be able to :

  • Identify types of misconduct.
  • Understand what is a Domestic Inquiry (D.I.)
  • Learn how to conduct a D.I.
  • Understand the importance of proper conduct of D.I.
  • Learn points that must be remembered at the D.I.
  • Understand what constitutes a defective D.I.

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  • Interactive Lectures
  • Discussion
  • Group Dynamics & Workshops
  • Case Studies
  • Video
  • Individual / Group Presentation

COURSE OUTLINE-01

MISCONDUCT

  • What is a Misconduct?
  • What is Misconduct in Employment?
  • Classification of Misconduct – Minor/Major Misconduct

INVESTIGATION

  • Commences with Allegation of Misconduct
  • Investigation and its Purpose
  • Appointment of Investigating Officer (I.O.)
  • Investigation Process.
  • Qualities of an I.O. Possess
  • Investigating Officer’s Report – Format Framing Charge(s)
  • Issue Show Cause Letter / Suspension from Work

Workshop 1 : Framing Charges and Preparation of Show Cause Letter

  •  D.I. PREMILINARIES
  • Set Time, Date, Venue for D.I.
  • Issue Notice of Inquiry
  • Appoint D.I Chairman and Panel Members
  • Prepare Case for Prosecution Summon the Accused

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Workshop 2 : Prepare Notice of Inquiry

  • D.I. PANEL
  • What is a D.I. Panel?
  • Selection of D.I. Panel Members.
  • Functions of D.I. Panel Members.

Workshop 3 : Prepare Appointment Letter of D.I. Panel Members

  • D.I. PROCEEDINGS- WHAT TO DO?
  • Pre- D.I Role of Panel
  • Before the D.I Commences
  • During the D.I Hearing Process
  • Points that Should Not be Permitted
  • Adjournment of D.I. Proceedings

Workshop 4 : Mock D.I. Based On Case Provided

  • POST D.I. PROCEEDINGS
  • Prepare Complete D.I. Report
  • Difference between Ruling and Judgment.
  • Findings / Recommendations for Improvement by D.I. Panel
  • Evidence – Based on What Was Adduced During D.I.
  • Submission of Report to Management

DISCIPLINARY PROCEDURE

  • Not Guilty – What Next?
  • Guilty – Determine Punishment.
  • Communication of Punishment.
  • Mitigation by Employee.
  • Punishment Letter.

POINTS TO REMEMBER AT D.I.

  • Union Representation of Claimant.
  • Within Scope of Employment Act, 1955.
  • Claimant Present When Witness Gives Evidence.
  • Company Documents Not Shown To Claimant.
  • Production of Convincing Evidence.
  • Procedural Fairness During D.I.
  • Panel Recommendation –v- Management Decision.
  • When is a D.I. Not Mandatory.

WHEN IS A D.I. DEFECTIVE?

  • Refusal of Union representation at D.I.
  • Accused not present when witnesses giving evidence.
  • Document presented at D.I. not shown to accused.
  • Lack of convincing evidence.
  • Lack of procedural fairness.

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