When, What, Who & How to Investigate Misconduct

The Employer has the absolute right to HIRE both in law and in practice. The Employer has also the right to DISMISS under the condition that the Dismissal is "with just cause or excuse". The Employee has the right to be heard under the Principles of Natural Justice (audi alteram partem).

For the Employer to successfully maintain a Dismissal action in the Industrial Court of Malaysia, it must be seen that the proceedings of a Domestic Inquiry were in compliance that no man should be condemned unheard. Evidence is required to prove that an alleged Misconduct has actually been committed by the suspected / accused Employee. Thus, thorough Investigation has to be conducted (1) to establish Misconduct was committed, (2) to frame the Charges and (3) substantiate the presentation of evidences at Domestic Inquiry.

Evidences must be very conclusive for framing the Charge(s). Inconclusive or lack of evidences to justify the Dismissal will favour the Dismissed Employees who seek redress at Section 20, Industrial Reactions Act 1967 (Act 177), Malaysia - a costly and time consuming action for the Employer after a Dismissal.

This Training is specifically designed to improve investigation skills of common Misconducts with experiential exercises, and examine Industrial Court Awards on Dismissal cases related to Investigations. Workshop Facilitator will share from his wealth of experiences in investigations, including high profile cases.

• To gain the appropriate investigative skills
• To learn the proven investigation procedural steps
• To assess & evaluate credible evidences
• To identify the Need for a Domestic Inquiry

THE START THAT BEGINS THE INVESTIGATION

• Objective of Investigating Misconduct
• Preliminary: When, Where & Who
• Starts by a Reported Misconduct

MISCONDUCT

• Industrial Court Definition
• Minor, Major & Serious Misconducts
• Identifying Misconduct - 4-step Method

THE INVESTIGATOR

• Profile best suited to be investigator
• Role & Responsibility

7 INVESTIGATIVE TOOLS

• Reports from Strategic People
• Rumours, Whistleblower & Anonymous Informant (verbal or written)
• Employment Documents

INTERVIEWING / QUESTIONING

• Interview of Complainant, Witness(es) and Suspected Employee
• Interviewing Stages
• Non-verbal reactions of People Involved

AFTER INVESTIGATION

• Gathering Evidences: The Evidences, Prima Facie, Examine Evidences
• Evaluating Credibility of Evidences
• The Investigation Report
• Framing the Charges

ROLE PLAYS

SUMMARY / CONCLUSION

• Handling Misconduct & Dismissal Workshop
• Handling the Non-Performer & Dismissal Workshop
• Managing Difficult Employees & Absenteeism
• Say ‘No’ to Sexual Harassment at Workplace
• How to Carry Out Disciplinary Action & Domestic Inquiry
• More other Human Resource Management Training Courses