A 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 alleged misconduct is proven or not and if the misconduct is proven, to recommend a punishment that is appropriate to the offence committed. The complainant is normally the management of the company but sometimes, can also be the victim of the alleged misconduct. At the domestic inquiry, the employer will present its case and the employee is given an equal opportunity to defend himself against the charges of misconduct.
How much notice should an employee get before a Domestic Inquiry is held?
A minimum of seven days and a maximum of 14 days is reasonable.
Who can represent the employee at a Domestic Inquiry?
If the employee belongs to a trade union, he can ask to be represented by his trade union. A non-unionised employee can request for a willing colleague to assist him.
Who can sit in the panel at a Domestic Inquiry?
The panel should comprise an odd number of persons who are employees of the company, usually three or five. The rank of the chairman should be equal or higher than his other panel members and almost always higher ranked than the employee. The panel is expected to be unbiased and exercise impartiality when hearing the evidence. There will also be a secretary, prosecuting officer and an investigation officer.
What happens during a Domestic Inquiry?
First, the employer will present the evidence it has collected and bring in witnesses to support his arguments. Next, the employer will defend himself and can also bring in his witnesses and other evidence.
What happens after a Domestic Inquiry?
The panel will adjourn to decide whether the employee is guilty or not. If the employee is found to be guilty, the panel will recommend to management an appropriate penalty.
After the Domestic Inquiry has been held the inquiry panel will decide whether the employee is guilty of all or any of the charges and if he is guilty, they may recommend a suitable penalty to management. It is for senior management, who appointed the panel, to actually decide upon the appropriate penalty.
What penalties are possible?
Any of the following are possible:
* A written warning;
* A no-pay suspension not exceeding two weeks;
* Demotion to a lower grading or position;
* Withholding of a contractual increment or bonus; or
* Dismissal.
Can the employee appeal?
An employee covered by the Employment Act 1955 can complain to the Labour Department. For dismissals, the dismissed employee can claim for reinstatement at the Department of Industrial Relations.
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