Conducting Domestic Inquiry in Compliance to Natural Justice - Masterclass

It is this Court’s view that whenever a Domestic Inquiry is conducted by the Company, the Company must adhere to certain duties imposed upon it to follow the correct procedure and to reach the correct conclusion. The case Metroplex Administration Sdn Bhd v. Mohamed Elias [1998] 3 MELR 184; [1998] 2 MLRH 858; [1998] 5 CLJ 467 is a guide that one must constantly have in contemplation where his lordship Justice Low Hop Bing J opined: "Where a domestic inquiry is held and the rules of natural justice have been applied, the Industrial Court should first consider the adequacy or otherwise of the procedure adopted in the proceedings for the domestic inquiry in order to determine whether the domestic inquiry has applied the correct procedure and reached the correct conclusion having regard to all the evidence, documentary and oral, adduced at the domestic inquiry. If at the domestic inquiry, the rules of natural justice were properly applied; the employee being given the opportunity to be heard and to present his case; and should a finding be made against the employee based on the evidence which was presented to the domestic inquiry, the Industrial Court ought to consider the finding of the domestic inquiry in order to conclude whether the employee has been dismissed with just cause or excuse". These 2 days practical training prepares participants in the role of Prosecuting Officer, Chairman and Panel of Inquiry to ensure a domestic inquiry is held in compliance to natural justice as required by Industrial Court.