INTRODUCTION / OBJECTIVES
The requirement of Due Inquiry is mandatory under Section 14(1) of the Employment Act 1955, providing an avenue for employers to take disciplinary action against employees who have allegedly committed misconduct in the workplace. Failure to conduct a due inquiry may result in employers losing their cases at the Labour Court, with potential consequences including having their decisions set aside or being required to compensate the employee. Under the Industrial Relations Act, it is essential for employers to ensure that dismissals or terminations of employment are carried out with just cause and excuse, i.e., a valid reason. The Code of Conduct for Industrial Harmony also emphasizes the importance of the right to be heard before one is deemed guilty. This program offers a clear understanding of the requirements of Due Inquiry under the Employment Act. Participants will be taught the proper processes of due inquiry, including handling complaints, selecting the inquiry panel, and taking appropriate management action.
 
TARGET AUDIENCE
• CEO & Senior Managers
• HR Manager /Executives
• Academician
 
TRAINING METHODOLOGY
• Lectures
• Individuals and group discussions
• Presentation
• On-Line interactive activities
 
Course Outline
Day 1
• The need for Due Inquiry to All employes with the expansion of Employment Act 1955 coverage
• Understanding principles of Due Inquiry Under Section 14 of the EA 1955
• Understanding the roles of Labour Court and Industrial Court with regards to Due Inquiry
• Precedents of Court Cases on the need for Due Inquiry
• Principles Laid Out under the Code of Conduct for Industrial Harmony on Due Inquiry
• Implication of not conducting proper Due Inquiry
• Case Analysis & Group Activities
• Analysis of Court Case (Labour Court/Industrial Court/High Court)
• Interactive Learning
 
Day 2
• Steps in conducting a proper due inquiry
• Types of misconduct
• Gravity of punishment and Case Law
• Case Analysis & Group Activities
• Analysis of Court Case (Labour Court/Industrial Court/High Court)
• Interactive Learning
• Preparation for role play
• Role Play on Conducting Proper Due Inquiry
• Review and Comments of the outcome of Role Play
 
*For more information, please click and refer to the brochure.

MR ASARAF SAHIMUN or fondly known as Ash is a young Sabahan professional that has worked with various organizations ranging from MNC, Public-listed Corporation to SME. He has assumed several designations throughout his career, started off as an HR Associate to HR Assistant Manager before he joined MEF as one of the Industrial Relations Consultant.
As a consultant, he is entrusted to provide advices to MEF members with regards to labour laws among other things and also, representing them at the Labour and Industrial Courts in Sabah. His vast HR experience has enabled him to provide constructive advices and feedbacks to Sabah MEF members.
He holds a degree in law and a master degree specializing in criminal justice from University of Malaya (UM). He is currently pursuing his doctorate in employment law at Universiti Kebangsaan Malaysia (UKM). As an HRD Corp Certified Trainer, he conducts public and in-house trainings to all HRD Corp claimable courses.