Employee Misconduct: How to Investigate

Employee Misconduct Investigation Employee Misconduct Investigation
By Paul Navaratnam
Course Title:
When, What, Who & How to Investigate Misconduct
Training Category:
Human Resource Management
Target Audience:
Whoever is assigned to conduct Investigations of Misconducts; Whoever is assigned in DI Panel; Whoever conducts audit and investigation from the Finance & Accounting Departments; & Whoever handles and manages IR from the Human Resource Department
Duration:
2 Days
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Delivery Methods
  • Language: English
  • PowerPoint Presentation
  • Workshop
  • Group Discussion
  • Reading Materials
  • Participant Presentation
  • Role Play
  • Certificate of Participation
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Course Introduction ›

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.

Course Objectives ›

  • 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

Course Outline ›

DAY 1

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
DAY 2

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

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