Conducting a Domestic Inquiry for Employment Misconduct

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Course Information

The task of dismissing employees has been made increasingly more difficult over the years due to changes in the concept of natural justice, security of tenure and social justice. The Industrial Relations Act, 1967 had been amended and effective 1.1.2021, all cases of dismissals which are not settled at the IR Department would automatically be referred to the Industrial Court for an award. As such complying with the right procedures to dismiss employees has become more crucial. Wrongful dismissal can be a very expensive affair if the matter ends up at the Industrial Court. Employees view dismissals without proper cause as an abuse of power and unfair labour practices by the management. It can lead to strained employer-employee relationships in the Company. As such the duty of the employer to conduct a proper domestic inquiry before dismissing an employee is expected by the employees as they have become more aware of their rights of being heard before being dismissed. 

Course Objectives

• Understand the concept and practice of industrial relations in Malaysia
• Conduct a proper domestic inquiry

Who Should Attend?

This programme is designed to meet the needs of Managers and Executives who may be called upon to become Panel Members whenever there is a need for a domestic inquiry to be carried out against one of their fellow colleagues. It will provide participants with a comprehensive understanding of the relevant legislation and accepted procedures on conducting a domestic inquiry.

Course Trainer: Mr Heng Poh Suan

Mr Heng Poh Suan started his career as a Labour Officer in Kuala Kangsar in 1975. At the Labour Department, he was enforcing the various Labour Legislations. In 1983 he was transferred to the Industrial Relations Department. He was the Assistant Director of Industrial Relations from 1983 to 2001. He left the Industrial Relations Department in 2002 to join the Malaysian Employers Federation as their Industrial Relations Consultant. In 2005 he joined the Federation of Malaysian Manufacturers as their Human Resource/Industrial Relations Advisor. He had been conducting public as well as in-house training programmes relating to employment laws, discipline and misconduct and domestic inquiry procedures for member companies. In his capacity as the HR/IR Advisor in the Federation of Malaysian Manufacturers (FMM), he advised member companies on the compliance and implementation of the various labour legislations, disciplinary issues as well as issues arising out of their collective agreements with their unions. He left FMM at the end of June 2021 and is currently a freelance Training Facilitator and Industrial Relations Consultant.