Domestic Inquiry and Misconduct Handling
Employers rarely lose misconduct cases because the employee was innocent. They lose because the show cause letter was vague, the panel included the complainant's own manager, the employee was not allowed to question a witness, or the punishment was out of proportion to the offence. This one-day programme walks the full disciplinary process end to end and closes with a live inquiry simulation, so participants make their procedural mistakes in the training room instead of in front of the Industrial Court.
Most domestic inquiries fail on procedure rather than on facts. The programme walks the whole sequence, from the show cause letter through to the findings, and day two is a full mock inquiry in which participants take the roles of chairman, presenting officer, defendant and witness.
HRD Corp SBL-Khas Claimable
Programme Agenda
Day 1, 9:00 AM - 9:15 AM
Welcome and Programme Overview
Introduction to the session, objectives, and housekeeping.
Day 1, 9:15 AM - 10:15 AM
Misconduct, Poor Performance and the Right Route
Defining misconduct and grading it by severity. Why poor performance is a separate track with a separate remedy, and what goes wrong when a performance problem is pushed through a disciplinary process.
Day 1, 10:15 AM - 10:30 AM
Break
Day 1, 10:30 AM - 12:30 PM
Preliminary Investigation Before Anything Formal
Gathering facts before an allegation is put to anyone, preserving evidence including system logs and CCTV, deciding whether suspension is justified, and paying a suspended employee correctly.
Day 1, 12:30 PM - 1:30 PM
Lunch
Day 1, 1:30 PM - 3:15 PM
Writing a Show Cause Letter That Works
Particularising the allegation with dates, conduct and the rule breached, instead of writing that the employee was unprofessional. Reasonable reply periods, service of the letter, and how to handle a reply that admits some allegations and denies others.
Day 1, 3:15 PM - 3:30 PM
Break
Day 1, 3:30 PM - 4:45 PM
Constituting the Inquiry Panel
Independence and the conflicts that void an inquiry. Roles of the chairperson, panel members, presenting officer and note-taker. The employee's right to be accompanied, and how to respond when they ask for a lawyer.
Day 1, 4:45 PM - 5:00 PM
Day 1 Close
Recap and what to review before day two.
Day 2, 9:00 AM - 9:15 AM
Day 1 Review
Recap of day one and the questions it left open.
Day 2, 9:15 AM - 10:15 AM
Natural Justice in the Room
The two rules that matter: the employee must know the case against them, and must have a real chance to answer it. Examination and cross-examination of witnesses, handling documentary evidence, adjournments, and the standard of proof on the balance of probabilities.
Day 2, 10:15 AM - 10:30 AM
Break
Day 2, 10:30 AM - 12:30 PM
Findings, Proportionate Punishment and Documentation
Writing findings that address each allegation separately. Choosing between warning, final warning, demotion, suspension without pay and dismissal. Mitigating factors, consistency with past cases, and how inconsistency alone can lose a case.
Day 2, 12:30 PM - 1:30 PM
Lunch
Day 2, 1:30 PM - 3:15 PM
Where Employers Lose at the Industrial Court
The recurring procedural failures in Malaysian dismissal cases, how section 20 representations proceed, and what back wages and reinstatement exposure looks like. Reading the shape of a losing case before you are in one.
Day 2, 3:15 PM - 3:30 PM
Break
Day 2, 3:30 PM - 4:45 PM
Full Inquiry Simulation
Participants run a complete inquiry from a realistic case file, rotating through panel, presenting officer, employee and witness roles. Facilitated debrief identifying exactly which steps would have failed under scrutiny.
Day 2, 4:45 PM - 5:00 PM
Wrap-Up and Q&A
Key takeaways, next steps, and close.
Key Outcomes
- Route a case correctly between misconduct and poor performance
- Run a preliminary investigation and decide on suspension properly
- Draft a show cause letter that particularises the allegation
- Constitute an inquiry panel free of disqualifying conflicts
- Chair or present at an inquiry that satisfies natural justice
- Decide a proportionate punishment and document the reasoning
- Identify the procedural failures that lose unfair dismissal claims
Training Mode Physical / Online / Hybrid / e-learning
HRD Corp SBL-Khas Claimable
Level Intermediate. Suitable for HR practitioners, inquiry panel members and chairpersons, line managers and business owners who handle discipline.
Duration 2 Days (16 Hours) | 9:00 AM to 5:00 PM daily
Venue In-house at the client's premises, or delivered via the client's preferred platform (Microsoft Teams, Zoom, or equivalent)
Assessment A full mock domestic inquiry with assessed roles, plus drafted charges and written findings
Certificate Certificate of Completion issued to all participants upon full attendance