DOMESTIC INQUIRY
ROLES OF PANEL MEMBERS
INQUIRY PROCEDURE
Panel must ensure that all parties are present. To convene the inquiry on time. In the event that any
party is late, it is advisable to stand down the inquiry, to give them opportunity to be present.
No outsider, lawyer is allowed to present or defend the case, unless as a witness. This applies to non-
unionised employees.
Panel has the discretion to allow or limit the number of witnesses. Witnesses must not be in the inquiry
room until the Chairman calls them in.
Where necessary, an interpreter should be provided to ensure parties understand the language of the
proceeding. However if the Chairman or any panel member is capable of explaining the proceedings in a
language which the accused and his witnesses understand, the presence of a separate interpreter is not
necessary provided that all parties agreed to such arrangement.
It is absolutely necessary that the inquiry be held in the presence of the Accused.
In the words of the Industrial Court: “The simple but golden rule which employers will do well to
remember when conducting inquiries of this kind is to make certain that the worker against whom
disciplinary action may be taken, actually sees and hears all the witnesses from whom statements
are taken and that he is allowed the opportunity of not only confronting but also questioning them
one by one”.
Ex-Parte Proceeding
If however the accused fails to appear for the inquiry at the appointed date and time and place
mentioned in the Notice of Inquiry, the panel may proceed with the inquiry “ex-parte”. However, it is
desirable to postpone the inquiry and give the accused another opportunity to appear for the inquiry. “Ex-
parte” inquiry as far as possible should be avoided.
Absence of the employee at the inquiry does not mean that he is accepting the charge. During ex-parte
proceeding, burden of proving the case still lies with the Management. Even when an inquiry is held ex-
parte the procedure must be followed. In such cases the reasons for holding the ex-parte inquiry should be
clearly stated.
In the event the inquiry having been started ex-parte and the accused worker reporting late, then the inquiry
be held de novo.
If the accused walks out prior to the conclusion of the inquiry, he should be warned that the inquiry will
proceed in his absence. The employee should also be told that he will have to suffer the consequences of
not being able to rebut the evidence of witnesses who may appear thereafter.
A note to that effect should be recorded in the notes of proceeding.
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Records Of The Proceeding
The proceedings of the inquiry should be carefully recorded, preferably by the Chairman of the inquiry
himself. If for any reason the service of another person is used to record the proceedings, his name,
designation and the fact that he recorded the proceedings must be noted.
The records should be verbatim, in the form of questions and answers or in a form of statements as
adduced. In a proper sequence.
Handwriting must be legible. Avoid cryptic notes. No tape recorder to be used by either party.
All documents and material exhibits produced shall be identified and immediately marked in sequential
numbers.
The original of photocopy of documents should be available for verification.
Whenever necessary, the Chairman or recording secretary to read over the questions, statement and
evidence recorded to the parties present.
Panel to get all parties to initial or sign the records of proceeding to avoid dispute over the content. If
the accused employee refused to sign, such refusal should be recorded.
The Chairman and panel members must sign all inquiry notes and reports.
At The Inquiry Proper
At the commencement of the inquiry, the Chairman shall introduce the parties present and to state the
purpose of the inquiry. He is also to set the general rules of the proceeding.
Then the Chairman shall read the charge(s) to the accused employee and ask for his plea to the
charge(s). The Chairman may ask prosecuting officer to explain the charge(s).
If the accused employee admits to the charge(s), he should be allowed an opportunity to express his
mitigation. Thereafter, the prosecuting officer shall be asked to provide a brief explanation of the case to
enable the panel to decide on its recommendation.
When an accused employee pleads “guilty” to the charge, the panel must ensure the followings:
The ‘guilty’ plea is without condition, unequivocal or unqualified;
He must understand the nature and consequence of his plea;
He must admit the facts of the charge;
A statement on any mitigation must be recorded.
If accused employee does not admit to the charge(s), the Chairman shall invite the prosecuting officer
to prove the case against the accused employee.
The prosecuting officer shall be allowed to call his witnesses one at a time.
The witness in giving evidence must be in the presence of the accused employee.
After each witness has given evidence, the accused employee must be allowed to cross-examine the
witness.
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After cross-examination, the prosecuting officer will be allowed opportunity to re-examine the witness.
After the company has closed its case, the accused employee will be called to defend his case and call
his witness.
The prosecuting officer will have the opportunity to cross examine the accused employee and his
witness(es).
The accused employee is also given the chance to re-examine his witness.
Panel members may only ask question to seek further clarification and not to establish fact of the case.
After both parties have completed their case, the prosecuting officer will be asked to make a submission of
the company’s case and followed by the accused employee. Further submission may be allowed.
After both parties have completed their case, the panel shall adjourn the inquiry. The panel may deliberate
after the inquiry or set a date for meeting to deliberate of the case. The proceeding is to be recorded
accordingly.
Matters To Be Observed At The End Of Proceedings
When the evidence of both sides has been heard and recorded, the Chairman should ask the accused
employee whether he wants to give any further explanation about the evidence led against him and whether
he wishes to add anything more than what has already been stated by him in his evidence or by his
witnesses. He should also be asked as to whether he wishes to state anything by way of mitigation.
The Chairman should bring the inquiry proceedings to the close with the concluding remark that the panel
will deliberate on the matter and the decision will be communicated to the accused employee in due course.
Never give a decision on the same day the inquiry was concluded.
DURING THE DOMESTIC INQUIRY – SUMMARY
The Chairman introduces himself and all parties present and to ask whether the accused has any
objection to any panel member.
Lay down ground rules :
Conduct of the parties during the proceeding – no raised voice, vulgar or fault language
That the company will give evidence first;
Accused will be allowed to question (cross-examine) the company’s witnesses;
Similarly the accused and his witnesses will be allowed to be cross-examined by the prosecuting
officer;
Only relevant questions will be allowed.
Read out the charge(s) to the accused and ask whether he understands the charge(s). The Chairman to
ask the accused for his plea.
Proceed with the inquiry.
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DOMESTIC INQUIRY PROCEDURES
Case for Company
C.W.1
Examination-in-chief ( Prosecutor examining his own Witness )
Cross-examination ( The accused questioning Company Witness )
Re-examination ( Prosecutor re-examine Company Witness on matters raised during the cross-
examination )
Examination by Panel ( If necessary to seek clarification )
C.W.2
Examination-in-chief (Prosecutor examining Company 2nd Witness)
Cross-examination (The Accused questioning Company 2nd Witness)
Re-examination (Prosecutor re-examine Company Witness on matters raised during the cross-
examination).
Examination by Panel (If necessary to seek clarification)
Case for Accused
Accused
Examination-in-chief (States his case or examined by Union Representative)
Cross-examination (Questions by Prosecutor Officer)
Re-examination (Questioned by Union Representative on matters raised during cross-examination)
Examination by Panel (If necessary for clarification)
A.W.1
Examination-in-chief (Examined by Accused or by Union Representative)
Cross-examination (Questions by Prosecutor Officer)
Re-examination (By Accused or Union Representative on matters raised during cross-examination)
Examination by Panel (If necessary to seek clarification)
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AT THE DOMESTIC INQUIRY
Panel Findings
Panel’s finding should be based on the evidences adduced at the inquiry :
Best Evidence
The evidence of eye witness;
Corroborative evidence from people with knowledge of the issue.
Consistent Evidence
Evidence of persons to whom the accused may have confided;
Evidence of persons to whom the complainant or witnesses have confided after the incident.
Evidence of Similar Facts
The evidence of similar pattern of behavior in the past;
Evidence of similar behavior towards other employees.
Credibility of the Witnesses
The behavior demeanour of witnesses should be considered
Did they evade questions or refuse to answer relevant facts?
Could they explain apparent contradictions?
Demeanour of the parties is another factor to be considered.
While recording findings the panel should not depart from the charge(s) as framed.
The findings should not go against the weight of the evidence, nor should they be based on other
consideration which is outside the scope of the charge or which has not been recorded in the inquiry.
The panel should not take into consideration irrelevant matters or fail to take into consideration relevant
matters.
Should avoid perverse decision.
The panel should come to a dispassionate conclusion as to whether the accused employee is guilty or not
guilty of the charge(s).
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Report Of Findings
The findings should be in a form of report and should contain :
The charge(s) leveled against the employee;
Summary of the Company’s case;
Summary of the accused employee’s case;
Matters in agreement;
Matters in dispute;
Conclusions and findings;
Punishment recommended if employee is found guilty (Optional)
Recommending Punishment
The recommendation of punishment will depend on several factors :
The seriousness or degree of the act of misconduct
The extent to which the employee himself to be blamed for the misconduct;
The aggravating circumstances under which the offence is committed;
The past employment record of the employees;
The deterrent factor and the effect on the general discipline and morale on other employees;
Any mitigating factor to be considered
Punishment inflicted should be corrective and constructive for the advancement of the employee or group
and should not be vindictive or punitive. It should reflect the severity of the offence and not out of
personal feelings or animosity towards the offence. Punishment should be consistent and applied across
the board without fear or favour.
In Award No. 7/1970 the Industrial Court held
“In determining the propriety of the penalty assessed for an offence, particularly if it is a case of the extreme
penalty of dismissal, it is generally accepted that some consideration be given to the past record of any
disciplined or discharged employee. Any offence may be mitigated by a good past record or it may be
aggravated by a poor one”.
_____________________________________The End_______________________________________________
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