Managing Misconduct and Domestic Inquiry

Methodology

Lecture, Case Study, group discussion and role play.

Objectives

  • Knowing how to take disciplinary action positively.
  • Determining and identifying minor and major misconducts.
  • Understanding the process of investigation in taking disciplinary action.
  • Preparing the charge sheet, notice of inquiry and panel findings.
  • Understanding the pertinent pre-requisites of domestic inquiry.
  • Learning how to conduct an effective domestic inquiry.
  • Implementing principles of Natural Justice effectively.
  • Learning the roles of panel members, prosecution, union representative and witnesses.
  • Imposing appropriate penalty to commensurate with the misconduct committed.
  • Understanding the employee’s recourse and employer’s counter-action.

Course Content

No.
Content
1. POSITIVE DISCIPLINE

  • What is positive discipline
  • The importance of positive discipline
  • The right to discipline
  • Code of Conduct of Industrial Harmony
    • Procedure discipline
2. MISCONDUCT

  • What is misconduct?
  • Identify degree of offence
      • Minor misconduct
      • Major misconduct
  • The company’s – Do’s and Don’ts
  • Procedure discipline for minor misconduct
  • Procedure discipline for major misconduct
3. INVESTIGATION & CHARGE SHEET

  • Purpose of investigation
  • How to investigate
  • Who can be appointed as Investigation Officer
  • Ethics & characteristics as an Investigation Officer
  • Report of Investigation
  • Drafting of charge sheet
    • How to draft
    • Elements of good charge sheet
    • The effects of improper charge sheet
4. PRINCIPLES OF NATURAL JUSTICE

  • “Due inquiry” – the requirements of Employment Act 1955
  • Requirements of applying natural justice principles
  • Deviation of principles – its consequences
  • Suspensions
    • During investigation
    • As a punishment
5. DISCIPLINARY DOMESTIC INQUIRY

  • What is disciplinary domestic inquiry (DDI)
  • Composition of DDI and their roles
  • Set-up of room for DDI
  • DI Procedures
6. PREPARATION FOR A DISCIPLINARY DOMESTIC INQUIRY (DDI)

  • Appointment of the panel members – criteria
  • Preparing the witness and exhibits
  • Preparation of Prosecution / Presenting Officer
  • The roles and functions of the:
    • Panel Members
    • Witness
    • Secretary
    • Prosecution / Presenting Officer
  • The roles of the Chairman of DDI
    • Opening
    • Introduction of panel
    • Evidence adduced at the DDI
    • Case process
    • Concluding the case
7. “EX-PARTE HEARING”

  • Definition
  • Conditions to conduct “Ex-Parte”
  • Procedures of “Ex-Parte”
8. MOCK DISCIPLINARY DOMESTIC INQUIRY / ROLE PLAY

  • Mock DDI –practical hands on
  • The plea on the charges
  • Presentation of the charges
  • The line of questioning – leading question
  • Witness and exhibit
  • Recording of DDI notes
9. BRAINSTORM ON THE MOCK DDI AND DECISION MAKING

  • Identify the shortcoming and defect
  • To introduce corrective measures and suggest improvements
  • Panel’s findings
  • Human Resources recommendations
  • Types of punishment
  • How to determine the appropriate punishment
  • Why DDI fail / defects
10. REPORT OF CHAIRMAN & PANEL MEMBERS

  • Notes of Inquiry
  • Decision of guilty or not guilty
  • Case for Employee
  • Mitigating factors
  • Findings
  • Recommendation
  • Format of report
  • Condonation
11. COMMON PITFALLS OF DOMESTIC INQUIRY

  • Chairman
  • Panel Members
  • Prosecuting Officer
  • Secretary
  • Management
12. EMPLOYEES ACTION AND EMPLOYERS COUNTER ACTION

  • Civil case
  • Employment Act 1955
    • Termination benefit
    • Punishment too harsh
    • Improper procedures
  • Industrial Action Act 1967
    • Dismissal
    • Reinstatement
    • Conciliation
    • Industrial Court

Course Schedule

Day One
Day Two
Day Three
9.00 am – 10.30 am

  • Module 1
9.00 am – 10.30 am

  • Module 5
9.00 am – 10.30 am

  • Module 9
10.30 am – 10.45

  • Coffee break
10.45 am – 12.45 pm

  • Module 2
10.45 am – 12.45 pm

  • Modul 6
10.45 am – 12.45 pm

  • Modul 10
12.45 pm – 2.00 pm

  • Lunch break
2.00 pm – 3.30 pm

  • Modul 3
2.00 pm – 3.30 pm

  • Modul 7
2.00 pm – 3.30 pm

  • Modul 11
3.30 pm – 3.45 pm

  • Afternoon break
3.45 pm – 5.00 pm

  • Module 4
3.45 pm – 5.00 pm

  • Module 8
3.45 pm – 4.45 pm

  • Module 12
5.00 pm

  • End of programme
4.45 pm – 5.00 pm

  • Course Evaluation
  • Certificates presentation

Methodology

Lecture, Case Study, group discussion and role play.

List of Role Play

  • How to conduct investigation interview.
  • How to conduct D.I ex-parte.
  • How to conduct D.I if accused admitted guilty.
  • How to conduct full D.I
  • How to do counseling and coaching.

Mode of Language: Bahasa Melayu

TRAINER PROFILE

fauzi

MOHD FAUZI BIN NORDIN

Neuro Semantics & NLP Trainer (ISNS, USA)
Meta-Coach (MCF, USA)

Mohd Fauzi Nordin, started his career in Ministry of Home Affairs before joining Malaysian Highway Authority (MHA). Thereafter, he worked in Operations in very large company before held human resources position. Currently, he runs his own training and consultancy firm.

As a trainer, he has trained widely in private sector in the area of Human Resources Management, Industrial Relations, Labour Laws, Supervisory Skills, Motivation, Salary Administration, Teambuilding and Customer Service. He is certified trainer by Ministry of Culture, Art and Tourism for Mesra Malaysia program and a Training Consultant for Negeri Sembilan Skills Development Centre (NSSDC).

He has more than 17 years experience both at the strategic and operational levels in managing human resources. He has experienced in handling more than 1000 disciplinary cases including termination and dismissal. He also has vast experienced in negotiating of collective agreements with both in house and national unions.

He has Master in Business Administration (MBA), Bachelor in Business Administration (BBA), Post Graduate Diploma in Personnel Management and Diploma in Public Administration.

His consulting experience ranges from HR Policy and Manual, Employee Handbook, Training & Development, Retrenchment and Termination of Employee.

He also conducted training for Civil Service Institute In Brunei Darul Salam.

In training, his participants coming from all types of industries such as Bintulu Port Sdn. Bhd. – Sarawak, Penang Port Sdn. Bhd. – Penang, Malaysian Assurance Alliance Berhad (MAA) – Kuala Lumpur, Kemayan Resort Villa Sdn. Bhd. – Terengganu, Everts (Malaysia) Sdn. Bhd. – Melaka, Alloy Consilidated Sdn. Bhd. – Kuala Lumpur, Bright Glory Industries Sdn. Bhd. – Johor Bahru, Perbadanan Memajukan Iktisad Negeri Terengganu (PERMINT) – Terengganu, Kobakin (M) Sdn. Bhd. – Kuala Lumpur,Harta Maintenance Sdn. Bhd. – Kuala Lumpur, Franky Construction Sdn. Bhd. – Pahang, Felda Security Services Sdn. Bhd. – Kuala Lumpur, White Horse Ceramic Sdn. Bhd. – Johor Bahru, Syarikat Air Terengganu Sdn. Bhd. – Terengganu, Flairis (K.L) Sdn. Bhd. – Kuala Lumpur, Gunung Kabel Sdn. Bhd. – Negeri Sembilan, Panel Technologies Sdn. Bhd. – Kuala Lumpur, Landmarks Land & Properties Sdn. Bhd. – Kuala Lumpur, Court Mammoth Bhd – Kuala Lumpur, Abacus Distribution Systems (M) Sdn. Bhd. – Kuala Lumpur, SME Ordnance Sdn. Bhd. – Kuala Lumpur, Majlis Perbandaran Kuantan – Pahang, Pahang Skills Development Centre – Pahang, Harian (Zulfazdli) Sdn. Bhd. – Kuala Lumpur, KESEDAR Perkilangan Sdn. Bhd. – Kelantan, Pesama Timber Corp. Sdn. Bhd. – Terengganu, Kuantan Wire Products Sdn. Bhd. – Pahang, Tenaga Nasional Berhad – Kuala Lumpur, Mascotwood Sdn. Bhd. – Terengganu. Hitachi – Bangi. GCH Retail (M) Sdn Bhd- Shah Alam. Tan Chong Motor Assemblies – Kuala Lumpur.

En Mohd Fauzi Nordin is also Certified NLP Basic Practioner, (NFNLP, USA), Certified LAB Profile Practitioner (SS,CAN), Certified Performance Coach (OUM/International Coach Federation) and Certified Trainer by Pembangunan Sumber Manusia Berhad.