01 - domestic inquiry note - master abc company

Panel Chairperson Panel Member 1 Penal Member 2 Accused

ABC COMPANYNOTE OF DOMESTIC INQUIRYDomestic Inquiry to :E-No.:

Date: Place: Time:

PANEL OF JUDGES:

Chairperson introduces the panel members to the accused.PanelNameTickReason for rejection by Accused

Chairperson - CP

Member - PM1

Member - PM2

Secretary - Sec

CPMr. PO, is the Accused here?

POYes, Mr. XXX is sitting on my left.

CPMr. XXX, I am the (position) , I was appointed to chair this DI session.

Mr. AAA, companys (position) is our 1st Panel Member.

Ms. BBB, companys (position) is our 2nd Panel Member.

Ms. CCC is my secretary to take down our notes.

Do you have any objection on the said appointment of the Panel Member?

AccusedNo.

Accuseds challenges or objections to the appointment of Panel Member:

Nil

Chairperson introduces the prosecutor to the accused and determines the languages to be used throughout the inquiry. For the prosecutorPOProsecuting Officer

Ms. SSSAssistant to Prosecuting Officer

For the accusedAccused himself

Accuseds Representative

CPMr. XXX, to your right is Mr. PO, the Prosecutor and Ms. SSS his assistant.

CPMr. XXX, do you understand English?

XXXYes

CPDo you understand Bahasa Malaysia?

XXXYes

CPSo do you want this hearing be conducted in both English and BM?

XXXOK, in both languages.

CPThank you, we will conduct the hearing in both languages.

Chairperson to confirmation the names of witnesses presented by both the parties.Witness of prosecutorCoW 1CoW 2

CoW 3CoW 4

Witness of accusedDeW 1DeW 2

DeW 3

CPMr. PO, is the above stated persons your witnesses?

Are they all present?

POYes.

CPMr. XXX, do you have any witness to present?

XXXYes. Mr. YYY

CPIs he present?

XXX.Yes, he is sitting beside me.

The Chairperson to ascertain that the accused is in a state of good physical and emotional health conditions before reading and explaining the charges to the Accused.Question by the Chairperson

CPMr. XXX, are you feeling well today?

Ada kah anda sihat?

XXX

CPAre you comfortable with the seating arrangement?

Ada kah anda rasa selesa dengan susunan tempat duduk sidang ini?

XXX

CPAre you ready for the inquiry?

Ada kah anda bersedia untuk bermulakan siasatan ini?

XXX

CPDid you receive a copy of the charge?

XXX

The Chairperson reads and explains the Charge to the Accused.

Bahawasanya, anda pada kira-kira 3.30 petang 15hb April 2014 di Bilik Mesyuarat Pengeluaran, anda telah didapati enggan mematuhi arahan orang atasan anda untuk melaksanakan kerja IPQC dalam Bahagian Dry dan Extrusion Lamination itu.

CPMr. XXX, the charge against you is as stated above. Do you understand?

XXXYes.

The Chairperson reads and explains consequence of the offence to the Accused.

Hukuman untuk kesalahan enggan mematuhi arahan orang atasan ialah penamatan kontrak jika disabit kesalahan

CPMr. XXX, adakah anda faham dan tahu akibat serta hukuman bagi kesalahan tersebut di atas.

XXXYes.

CPAdakah anda mengaku salah di atas tuduhan tersebut?

XXXTidak

Plea of the Accused:-I the undersigned hereby plead guilty/not guilty to the charge and I do understand the consequence of the said offence as explained to me by the Chairperson of the DI Panel.

______________________________________

Name:

CPMr. PO, the DI is now in session. I hope all of you will give your full cooperation to me so that the examinations of witnesses will be conducted without undue interruption by the other party and are done professionally.

POThank you. I now call upon the companys first witness, Ms CoW1

THE DOMESTIC INQUIRY IS NOW IN SESSION:Part One;1. Prosecuting Officer presents his case and witnesses. Witnesses will be asked to relate their knowledge of the case to the panel through questioning process by Prosecuting Officer. The panel members may intervene to clarify.

2. Then the Accused is given the opportunity to cross-examine the witness of the Prosecuting Officer.

3. Lastly the Prosecuting Officer will then be given the opportunity to re-examine his witness.Witness of Prosecuting OfficerFirst Companys Witness - CoW 1

Name

Employee No.

Department

Position

DeclarationI, affirm that I will tell the truth and the whole truth, nothing but the truth in this Inquiry.Signature:

Examination-in-chief to COW 1 by the Prosecuting officerNo.Q & ANOTERemark

1CPCoW1, what is your name?

CoW1

CPDo you understand English or would you prefer to use Bahasa Malaysia?

CoW1I understand both the languages.

CPPO, you can proceed with your examination.

POThank you.

POCoW1, what is your position in ABC?

CoW1

POMr. Chairman, I have no further question.

Cross-Examination to CoW 1 by the Accused.No.Q & ANOTERemark

CPMr. XXX, do you want to cross examine the witness?

XXXYes

CPPlease proceed.

XXXTQ

XXX

XXXTuan Pengerusi, saya tiada soalan lagi.

Re-Examination to CoW 1 by the Prosecuting OfficerNo.Q & ANOTERemark

CPMr. PO, Do you want to re-examine the witness?

POYes

CPPlease proceed

POTQ


CPCoW 1 you can leave now.

Witness of

Prosecuting OfficerSecond Companys Witness - CoW 2

Name

Employee No.

Department

Position

DeclarationI, affirm that I will tell the truth and the whole truth, nothing but the truth in this Inquiry.

Signature:

Examination-in-chief to CoW 2 by the Prosecuting officerNo.Q & ANOTERemark

CPMr. PO, Do you wish to present further witness?

POYes, CoW2

POI now call upon the companys second witness, Mr. CoW2.

CPCoW2, what is your name?

CoW2

CPDo you understand English or would you prefer to use Bahasa Malaysia?

Cow2

CPPO. You can proceed.


CPOK

Cross-Examination to CoW 2 by the AccusedNo.Q & ANOTERemark


XXXNo

Re-Examination to CoW 2 by the Prosecuting Officer\

No.Q & ANOTERemark

CPMr. PO, do you want to re-examine the witness?

PONo, TQ

CPCoW2, you can leave now.


POYes, CoW3

CPPlease proceed.

POTQ, I now call upon the companys third witness Cow3.

Witness of

Prosecuting OfficerThird Companys Witness - CoW 3

Name

Employee No.

Department

Position


Signature:

Examination-in-chief to CoW 3 by the Prosecuting officer

No.Q & ANOTERemark

CPCoW3, do you understand English or would you prefer to use Bahasa Malaysia?

CoW3

CPPO, you can proceed.

POCoW3, .


Cross-Examination to CoW 3 by the AccusedNo.Q & ANOTERemark


XXXNo

Re-Examination to CoW 3 by the Prosecuting OfficerNo.Q & ANOTERemark

CPMr. PO, do you want to re-examine the witness?

PONo

CPMs. CoW3, you can leave now.


PONone.

Part Two;1. The Accused presents his case and witnesses. Witnesses will be asked to relate their knowledge of the case to the panel through questioning process by the Accused. The panel members may intervene to clarify.

2. Then the Prosecution Officer is given the opportunity to cross-examine the witness of the Accused.

3. Lastly the Accused will then be given the opportunity to re-examine his witness.

Witness of the AccusedDeW 1

Name

Employee No.

Department

Position


Signature :

Examination-in-chief to DeW 1 by the AccusedNo.Q & ANOTERemark

CPMr. XXX, you may now call your witness to support your case.

XXXSaya tiada saksi.

Cross-Examination to DeW 1 by the Prosecution OfficerNo.Q & ANOTERemark

Re-Examination to DeW 1 by the AccusedNo.Q & ANOTERemark

The Chairperson to call upon both the parties to sum-up the case based on the evidence presented to this Inquiry Panel:CPMr. PO, please proceed to sum-up your case based on the evidence presented before this Inquiary Panel.

POBased on the evidence presented by the four Company witnesses, there is no doubt that the Accused is guilty of the charge leveled against him.

Mr. Chairman, according to the Employment Act 1955 (Act 265) Section 13 (2), stated that Either party to a contract of service may terminate such contract of service without notice in the event of any willful breach by the other party of a condition of the contract of service.

In accordance to Section 8 of employment contract Surat Perjanjian Antara Majikan Dan Pekerja dated 09th August 2002, it is explicitly stated that

Under Section 13(3)(b) of the Industrial Relations Act 1967, the union cannot bring up for discussion the question of transfer of an employee if the transfer did not entail a change, which was detrimental to the employee and is done in good faith in the interest of the company.

As such an employer has the right to transfer an employee within the organization of the employers profession, business, trade or work.

The company had explained the detail of the transfer to the Accused and had offered him pay rise of RM 180.00 per month to ensure his income will not be affected or jeopardized due to this transfer.

I hope the Panel will take all these factors into consideration

when making the conclusion.

CPMr. XXX, you can now proceed to make your summation.

CPMr. XXX, do you wish to say anything in mitigation?

XXX

CPThe management will inform you of its decision during the next few days.

CPThank you all of you for your valuable time.

Verified by ChairpersonAccepted by the Accused

Date:Date:

Time:Time:

Verified by Panel Member 1Verified by Panel Member 2

Date:Date:

Time:Time:

IMPORTANT NOTE:

1. Ensure each and every page of this Note Of Inquiry is counter-signed by the Accused, the Chairperson and all the Penal Members2. The Original copy of this Note Of Inquiry is to be filed in the Domestic Inquiry File and a photo copy of it in the personal file of the Accused.SEATING ARRANGEMENT OF DOMESTIC INQUIRY ROOM:

Waiting Room 2

(Witness of Accused)Waiting Room 1

(Witness of Prosecutor)

Entrance Door

Domestic Inquiry RoomNote No. : DI-2014-01

Chairperson

Member

Secretary

Member

Witness Stand

Accused

Prosecutor

Assistant to Prosecutor

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01 - domestic inquiry note - master abc company

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