14. With regard to these employees, the general rule that a failure to hold a
domestic inquiry or the holding of a defective inquiry will not automatically vitiate or nullify the dismissal still applies.
15. This was the approach taken by the Federal Court in the case of Ong Yuen Hock v Syarikat Hong Leong Assurance Sdn Bhd (1995) 2 MLJ based on
the earlier leading decision in Dreamland Corporation (M) Sdn Bhd v. Choong Chin Sooi (1988) 1 MLJ. Essentially, these decisions state that even if the domestic inquiry held was defective, it is still open to the employer to satisfy the Industrial Court that the dismissal was proper on the merits.
16. It is respectfully suggested that as a matter of good industrial practice and irrespective of which the employee is governed by the Employment Act or not, a domestic inquiry should be held whenever a complaint of misconduct is
brought to ensure that the employee is accorded fair treatment in answering the charge.
17. We shall now examine briefly the various stages of the domestic inquiry and the necessary procedures to ensure that no challenge can be successfully taken to claim the inquiry as unfair.
1 comments:
I am AGM engg and project ID no1476 since 2007 in Karnataka antibiotics and pharmaceticals Ltd a PSU in Bangalore In mid of project assignment to me since 2008 management transferred to Engg stores on jan2013 Later transfer to marketing department as AGM marketing medicine sales on oct2013 surprise transfer within year without validating purpose of appointment and posting at Guwathi Transfer may be a revenge by senior officer for refusing to amend a vendor purchase order even after giving valid techno commercial reasons The transfer letter dated oct 2013 signed by GM HRD do not mention company Guwathi establishment address and benefits reporting to HOD at Bangalore Hence representation made for reconsider the transfer the same was rejected hence legal opinion form HC order for reconsideration of transfer as a engineer may not be suitable to sell medicines it may lead to change of service and will defeat the purpose of appointment was rejected by HRD I have reported duty at Bangalore marketing dept with medical leaves more the 60days here HRD could have revoked clause on unathorised absent instead leaves sanctioned by GM HRD not by HOD Then reporting officer forced to receive the letter as MANAGER a depromated post without domestic enquiry Later in jan2014 reached Guwathi started working from hotel communicating by personal email ID and Daily report emails are treated as work and attendance Later in June 2014 forced to work and accept further in lower post as medical representive company has encouraged by single increment from Jan 2015 and discouraged by not reading the appointment letter clauses inline with purpose of appointment and designation instead red independently by company After almost 2 years so called harashment by salary reduction salary deduction and nonpayment of march 2014 salary but income tax deducted 26AS attached March 2015 a officer reached Guwathi to work along made false MOM threatened to sign the MOM letter HRD did not chargesheet me as MOM was false With this sufferings vacated the Guwhati by verbal and email message on non supportive letter from company as official reason and depressed state Later in sept 2015 company called for VRS the same rejected with reason holding post is required for department activities May be trouble with next lower role as ATTENDER the same was confirmed with HOD by teletalk Later on jan2016 company settled account without conducting domestic enquiry and without my resignation or VRS seems co misused CDA rules are not displayed in website or circulated created financial loss to employee and destruction of coming 8 yrs career As in job market neither mechanical engineer nor MR
Request to comment on under natural justice
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