In-house trainingManaging Misconduct & Domestic Inquiry

Managing Misconduct & Domestic Inquiry: Discipline Done Fairly and Lawfully

Participants learn each step from the show-cause letter to the inquiry decision. They leave with a show-cause letter template, a charge sheet format and an inquiry chairperson checklist.

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Managing Misconduct & Domestic Inquiry course cover
Key Outcomes
Decide when it is misconduct and what comes first
e.g., absence without notice and sexual harassment need different handling
Write a clear show-cause letter
e.g., the allegation, the policy breached and a deadline for written response
Run a fair inquiry
e.g., written notice of charges and hearing details, an impartial panel, and a chance to present a defence and call witnesses
Record and communicate the decision
e.g., a written decision with reasons, and the employee's right to appeal

Why teams need this

Managers often react to misconduct too fast or too slowly. They dismiss without a proper process, or let it drag on until a minor issue becomes a case. Under Section 14(1) of the Employment Act 1955, misconduct is dealt with after "due inquiry". A Malaysian law firm notes an employer "may have good grounds for dismissal but still lose" if the process was unfair.

Process as protection
One law firm summary says the process must follow natural justice: "the right to be heard, the right to be informed of the allegations". Another says the Industrial Court will not interfere unless the process was "unreasonable". Participants use a step-by-step checklist.
What happens if it goes wrong
A dismissed employee has 60 days to file a representation, then conciliation and, if that fails, referral to the Industrial Court. Remedies include reinstatement or compensation, with back wages capped at up to 24 months for confirmed employees and 12 for probationers.
Harassment cases
The Anti-Sexual Harassment Act 2022 allows complaints to a Tribunal, which can award compensation up to RM250,000. Employers are advised to keep strong policies and detailed records.
Group work and role-play
Teams draft a show-cause letter and charge from a sample set of facts. Then they role-play chairing an inquiry with an employee who disputes the allegations and challenges the panel.

Exercises use your disciplinary policy, forms and typical misconduct cases. This course is not legal advice.

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