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DISMISSAL PROCEDURES and DOMESTIC INQUIRY
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TOPIC: DISMISSAL PROCEDURES and DOMESTIC INQUIRY
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DISMISSAL PROCEDURES and DOMESTIC INQUIRY 4 Years, 8 Months ago Karma: 0
26 & 27 Aug 2009, Crsytal Crown Hotel Petaling Jaya

(9.00am to 5.00pm)
Training Objective

AFTER ATTENDING THIS COURSE,

YOU WILL BE ENRICHED WITH THE FOLLOWING KNOWLEDGE:


1. Learning how to conduct an effective Domestic Inquiry
2. Understand the pertinent pre-requisites of an inquiry
3. Effective way of implementing Principles of Natural Justice
4. Imposing appropriate penalty to commensurate with the misconduct committed
5. The roles of panel members, prosecution, union representative, witnesses and decision making
6. The preparation of the Charge Sheet, Notice of Inquiry and Panels Findings
7. Preparing the witness, documenting the inquiry proceeding and evidences
8. Determine and identifying misconducts.

COURSE HIGHLIGHTS

· The Principle of Natural Justice.

· Domestic Inquiry – it’s requirements.

· Misconduct – definition, control and investigations.

· The selection of panel, its role and implications.

· Conducing Domestic Inquiry.

· The decision, penalty and Panels’s findings.

· Avoiding the shortcomings and pitfalls.

· The Industrial Court views Domestic Inquiry.

· Employee’s recourse.

COURSE OUTLINES

• Discipline, its meaning and application

• Enforcement of discipline – a managerial function.

• Communicating disciplinary rules

• Misconduct in employment – major/minor cases.

• Industrial Court Citation

• Investigating misconduct

• Charge sheet – preparation/drafting. It’s guidelines

• Purpose of Domestic Inquiry

• What is Natural Justice?

• Criteria for selection of Panel Members.

• The burden of proof and role of a prosecutor

• The role of Chairman of the Inquiry/Panel Members

• Conduct of the panel members during proceeding of inquiry

• Venue of inquiry

• Recording of the proceedings

• Use of tape records at the inquiry

• Role of the trade unions in domestic inquiry proceedings

• Opening remarks of the chairman

• Reading the charges and recording of plea

• What if the accused pleads guilty? OR not guilty.

• How to deal with witness and exhibits

• Examination in Chief, cross-examination, re-examination and questions by Panel Members

• Dealing with objections

• Adjournments

• How to handle submissions by the parties

• Ex-parte hearing

• Domestic Inquiry vis-à-vis Criminal Proceedings

• Report of the Panels of Inquiry

• Submission of Report

• Drafting of various related letters

• A mock Domestic Inquiry – a new experience

• Submission

• Appeal

• Preparation of reports of findings

• Issuance of punishment letters

• Inquiry Note on Domestic Inquiry


THE FOLLOWING WILL BE SHARED...

DAY 1

INTRODUCTION

• What is MISCONDUCT

• Identify degree of offence

• The company’s - Do’s and Don’ts

• “Inquiry” – the requirements of E.A. 1955



PRINCIPLES OF NATURAL JUSTICE

• Its requirements

• Deviation of principles – its consequences

• The right of being heard



PREPARATION FOR CASE

• Identify the “case”. (Bona fide)

• The background /build-up of case

• Drafting of charge sheet

• Notice of Inquiry

• Inquiry venue – set up



PREPARATION FOR A DOMESTIC INQUIRY

• Appointment of the panel members-criteria

• Preparing the witness and exhibits

• The prosecution/presenting officer – preparation

• The roles and functions of the panel, witness and prosecution

• The role of the Chairman of the inquiry panel:

- Opening

- Introduction of panel

- Evidence adduced at the inquiry

- Case process

- Concluding the case



MOCK INQUIRY/ROLE PLAY

• Preparation for the next day



END OF DAY 1



DAY 2

REINFORCE ON YESTERDAY’S MATTERS

• The basic requirements

• The roles for all participants

• Proving/guilty offence

• Suspension

• Ex-parte cases



DOMESTIC INQUIRY - Practical

• The line of questioning – leading questions?

• The plea – on the charge(S)

• Status of Guilty/Not Guilty plea

• Presentation of the charges

• Circumstances to produce witness and exhibit

• Recording of Inquiry Notes



DECISION MAKING

• Panels’ findings

• Human Resources recommendations – penalty

• Authorities to decide?

• Mode of recommendation – reference to past and similar cases in Court



BRAINSTORM ON THE MOCK CASE

• Identify the shortcoming and defect (Inquiry)

• To introduce corrective measures and suggest improvements



IMPROPER DOMESTIC INQUIRY

• It’s legal and technical effects

• Citations on past cases from industrial Court



EMPLOYEES ACTION

• Appeals

• Avenues under IRA 67



QUESTIONS AND ANSWERS



END OF COURSE



Speaker’s Profile



En Wan Abu Bakar has more than 27 years of practical and hands-on experience in all facets of Human Resources Management. Industrial Relations, Training and Performance Management as his forte.



He was a former Director of Labour, Ministry of Labour (as it was known then) before joining a financial institution in its Personnel/Industrial Relations Division. He later joined the hospitality/hotel industry as its Director of Human Resources before setting his own consultancy firm.



His past experience in a unionized environment enable him conclude Collective Agreements, practiced his excellent inter-personal skills and motivation.



He is a panel member of the Industrial Court (representing the Employers) and was one of the pioneers in drafting the Code in Eradicating Sexual Harassment in the Workplace initiated by the Ministry of Human Resources.



Investment/Fees :

Standard

RM1200 per participant

(inclusive of materials, lunch, tea breaks and certificate,)

RM1100 per participant for group of 3 & above



Early Bird (Register by 12 Aug 2009)

RM1100 per participant

(inclusive of materials, lunch, tea breaks and certificate)

RM1000 per participant for group of 3 & above





SBL SCHEME CLAIMABLE



For Enquiry, please call Miss Lee or Heidi at 03-61561686 or 012-6581970.

For reservation(s), please fill up the Registration form together with a cheque made payable to MIND GROWTH TRAINING CONSULTANCY and bank in to MBB

5-14123-43436-5 or Visit our website and register online. Registration form to fax to :

03-6156 6312.
 
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