Managing Absenteeism & Domestic Inquiry

Public Courses

Managing Absenteeism & Domestic Inquiry

The aim of this course is to provide participants with the best practices in managing misconduct, investigation techniques on obtaining admission to ease the process of disciplinary management at work and end-to-end knowledge of when and how a domestic inquiry should be conducted in order to defend an unlawful dismissal claim.

Course objective

DAY 01 August 18, 2025

Registration

8.30am – 9.00am

Module 1

9.00am – 10.30am

Introduction to Labour Laws (Employment Act 1955 and Industrial Relations Act 1967) in Malaysia

Intention of the Acts
Who does the Acts apply to?
The process, timeline and legal exposure to employers in the Labour and Industrial Relations Department

Morning Tea Break

10.30am – 10.45am

Module 2

10.45am – 1.00pm

Overview of misconduct

Statutory provisions on misconduct (s.14 of the Employment Act 1955 & s.20 of the Industrial Relations Act 1967)
Difference between managing misconduct and poor performance
Disciplinary process of managing misconduct
Blueprint in managing misconduct
Hot stove principle in managing misconduct

Lunch Break

1.00pm – 2.00pm

Module 2

2.00pm – 3.45pm

Overview of misconduct (cont)

– Types of misconduct

Malingering
Absenteeism & Abuse of MC
Lateness

Afternoon Tea Break

3.45pm – 4.00pm

Module 2

4.00pm – 4.45pm

– Types of misconduct (cont)

Neglect of duty and negligence
Insubordination
Theft, cheating and dishonesty
Fighting & Assault
Sexual Harassment
Private Conduct

Q & A Session - End of Day 1

4.45pm – 5.00pm

DAY 02 August 19, 2025

Registration

8.30am – 9.00am

Module 3

9.00am – 10.30am

Investigation techniques for disciplinary management
– How investigation notes are important in preparing for domestic inquiry and/or a potential court case?

Morning Tea Break

10.30am – 10.45am

Module 3

10.45am – 1.00pm

– Non-confrontational Investigation Approach

Traditional investigation vs non-confrontational investigation approach
Defining the objective of an investigation session
Pre-investigation plans and strategies
Legal and ethical considerations
Admissible and non-admissible evidence
Behavioural norming exercise
Exploring emblems
Rationalisation process and testing for admission
Obtaining and recording admission
Options when admission is not obtained
Presenting the investigation report
Assisting the framing of a charge/allegation in Show Cause Letter and Notice of Charge and recommending suspension

Lunch Break

1.00pm – 2.00pm

Module 4

2.00pm – 3.45pm

Domestic Inquiry Process:
– Preparing a DI – checklist to consider
– Principles of Natural Justice
– Burden of proof and standard of proof
– Understanding the roles – Chairman, panel members, prosecutor, secretary and accused employee
– Understanding the flow of DI
– Examination techniques
– Admissible evidence vs unlawfully obtained evidence or hearsay
– Case studies on defective Domestic Inquiry
– Drafting a solid panel report

Public Courses