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May 17, 2009

Proper Procedures of Domestic Inquiry

Domestic Inquiry is an internal inquiry into some alleged misconduct by an employee. The main objectives of the domestic inquiry are to establish whether the employee is guilty on the allegation. The inquiry panel shall consist of chairman and panel members, who are:

  • Similar or higher level than the accused.
  • No personal involvement in such case.
  • Should not have participated in the investigation of the matter.
  • Could be an outsider engaged for a fee.
  • Preferably not the HOD of the accused.

There must also be a prosecuting officer / investigating officer, who:

  • Should not brief the panel members on the background of the accused.
  • Should not inform the panel members the name of the accused and the chage(s) before the commencement of the inquiry.
  • Should not influence the panel’s decision.

Before the inquiry, the ground rules shall be laid down:

  • The inquiry shall be started with the company witnesses giving evidence.
  • The accused are allowed to question the company witnesses.
  • The accused and his witnesses will be allowed to be cross-examined by the prosecutor.
  • Only relevant questions are allowed.
  • Raised voice or vulgar words are not allowed.

The proper procedures of domestic inquiry are as follows:

  • The chairman will introduce himself and the panel members sitting in the domestic inquiry.
  • The chairman will then ask the accused whether he has any objection to any of the panel members.
  • The chairman shall read the charge(s) to the accused.
  • The chairman will ask the accused whether he understand the charge(s).
  • The chairman will ask the accused whether he pleads guilty or not guilty.
  • When the inquiry begins, the company witnesses are examined by prosecutor and / or cross-examined by the accused.
  • Case for company over when all company witnesses have given their evidence.
  • The accused will then give evidence, and cross-examined by prosecutor.
  • Witness of accused to give evidence, and cross-examined by prosecutor.
  • Case for accused over when the accused and his witnesses have given evidence.
  • A case summary is given.
  • Accused is allowed to have the last say.
  • The chairman will ask the accused whether he has anything to say in his mitigation.

For decision making for a domestic inquiry, please refer to this link http://hrmanagement.blogsome.com/2007/11/03/domestic-inquiry-who-to-make-final-decision/.

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