What is a proper way to conduct a Domestic Inquiry?
When there is an allegation of a gross misconduct, dismissing an employee without due inquiry could be detrimental. While the Employment Act 1955 does not make the DI mandatory, it’s a good process to take to enable the accused to be heard & given opportunity to explain.
Suggested steps on how to facilitate a Domestic Inquiry:
1. Issuance of Show Cause Letter
Consider a DI if the accused’s response to show cause is unsatisfactory
2. Issuance of Notice of DI to the accused with sufficient time given to prepare for the inquiry
3. The accused may be given supervised access to any possible evidence that is required
4. The accused must be given rights to bring witness with prior notification to the management
5. Setup of independent panel of inquiry & company must ensure no prior information or case is shared to them.
6. The panel must act in good faith & decision made solely based on the case presented
7. The DI must be recorded verbatim & findings must include the reasons to why the accused is found guilty/innocent.
8. Panel members & those involved in the DI must ensure to keep DI findings confidential at all times & information shared on need to know basis only, to the company management & HR.
To learn more about Domestic Inquiry Proceedings, Employment Act and appointment for DI Chairman, email: firstname.lastname@example.org