What is a Domestic Inquiry (DI) in Malaysia?
A DI is a process carried out by the Employer when there is a misconduct or suspicion of gross wrong doing made against an alleged employee. The purpose of the inquiry is to provide an equal opportunity to the accused to be heard and explain themselves against an allegation.
The burden of proof lies on the employer and therefore, the HR/Prosecutor must ensure he/she has all the facts validated and right before holding the inquiry.
The composition of the Domestic Inquiry panel is crucial especially the Chairman.
Here are some suggestions to carry out an effective Domestic Inquiry:
1. The Chairman must be independent (not involved in the investigation). Must be well versed with leading the Inquiry and must control time and entire process of the inquiry.
2. Two other independent panel members (may be employees, or a senior staff of the company). The two additional panel ideally must be diverse especially to ensure fairness and objectivity to the accused.
3. The Prosecutor (normally a member of the HR Team, can also be the Investigator). The Prosecutor must be well versed with the chronology and facts of the case.
4. Minutes taker/secretary (can be independent or someone from the company), who is attentive, quick in taking notes and has no involvement in the DI accept for taking notes.
5. The Accused, must be treated equally and with respect applying the principal of natural justice.
6. Witnesses, both employer and employee has the right to bring in their own witness to proof their case.
To learn more about Domestic Inquiry Procedures, Role of Panel Members or in need of a Panel Chairman, email your inquiries to: firstname.lastname@example.org