Training Deatils

Programme Overview

This two-day professional programme is designed to equip participants with the legal knowledge, practical skills and procedural discipline required to manage employee misconduct cases and conduct fair, well-documented and defensible domestic inquiries in West Malaysia, Sabah, Sarawak, & Labuan. The programme is structured around the relevant legal framework depending on the training jurisdiction: the Employment Act 1955, for West Malaysia & Labuan; the Labour Ordinance of Sabah (Cap. 67), for Sabah; and the Labour Ordinance of Sarawak (Cap. 76), for Sarawak, together with the Industrial Relations Act 1967, Industrial Court principles and the rules of natural justice.

Training focus: A domestic inquiry is not merely an administrative formality. It is a structured internal process intended to ensure that an employee facing misconduct allegations receives a fair opportunity to know the case against them, respond to the allegations, challenge the evidence and present their own case before an impartial panel.

Legal Framework and Compliance Context

The core misconduct provisions for this programme are section 14 of the Employment Act 1955 for West Malaysia & Labuan, section 13 of the Labour Ordinance of Sabah for Sabah, and section 14 of the Labour Ordinance of Sarawak for Sarawak. These provisions allow an employer, on grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of service, to act after due inquiry by dismissing the employee without notice, downgrading the employee or imposing another lesser punishment. The same provisions allow suspension for the purpose of inquiry for a period not exceeding two weeks, with payment of not less than half wages, and require restoration of withheld wages if misconduct is not disclosed.1
Relevant amendment sections to note are Part XVA of the Employment Act 1955 for West Malaysia, especially sections 81B, 81C and 81H on sexual harassment complaint inquiry, findings and notice, and section 69F on discrimination in employment. For Sarawak, the relevant provisions inserted by Act A1754 include Chapter IIIA sections 9A to 9H, especially sections 9B and 9C on inquiry and findings, section 9H on notice, and section 19A on discrimination in employment.
Although a properly conducted domestic inquiry is strongly recommended and is reflected in section 14 of the Employment Act 1955 for West Malaysia, section 13 of the Labour Ordinance of Sabah for Sabah, and section 14 of the Labour Ordinance of Sarawak for Sarawak, participants should also understand the practical litigation nuance. Malaysian Industrial Court commentary has recognised that the absence of a domestic inquiry or the existence of a defective inquiry may not always be fatal because the employer may still attempt to justify the dismissal by leading evidence before the Court. Nevertheless, a fair and properly recorded domestic inquiry remains a vital risk-management tool because it demonstrates procedural fairness and preserves evidence while memories and documents are still fresh.

Programme Learning Objectives

- Participants can identify the relevant statutory provisions, Industrial Court principles and applicable amendment issues for the training jurisdiction.
- Participants can explain the right to be heard, the rule against bias and the need for fair notice.
- Participants can select the appropriate process before issuing disciplinary charges.
- Participants can prepare show cause letters, charge sheets, DI notices, witness statements, minutes and findings reports.
- Participants can manage hearing flow, witness examination, documentary evidence and objections.
- Participants can distinguish direct evidence, hearsay, documentary evidence, admissions and inconsistent testimony.
- Participants can produce a reasoned report that separates facts, analysis, findings and recommendations.
- Participants understand proportionality, consistency, past record, mitigation and risk of Industrial Court review.

Training Methodology

- Day 1:
  Combines legal explanation, facilitated discussion, document-drafting exercises, group analysis, role-play, evidence review and a structured mock domestic inquiry.
  Day 2:
  The second day uses a complete mock inquiry pack. Participants are expected to prepare, present, respond, examine witnesses, consider evidence and deliberate as if they were conducting an actual internal disciplinary proceeding. Observers will use an assessment rubric to evaluate procedural fairness, clarity of questioning, neutrality of the panel, quality of record-keeping and the defensibility of findings