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Domestic inquiry verse suspension

Autumn1333
Member
Wed, 11 Oct 2017 01:57:17 PM  (Last updated: Mon, 16 Oct 2017 10:13:44 AM)

Does a domestic Inquiry have to happen before a suspension is imposed? 

mdkamil
Contributor
Thu, 12 Oct 2017 04:43:38 PM

The practice is the accused employee shall be suspended before the hearing of domestic inquiry

mdkamil
Contributor
Thu, 12 Oct 2017 04:47:22 PM

If you are referring to 'Suspension' as a penalty, then a due inquiry must be held prior to decision to suspend.

The extensiveness of how 'due inquiry' is conducted depends on nature of the case.

Conducting a domestic inquiry will naturally be a time-consuming affair for all involved. It may not be necessary for all cases especially where the misconduct is minor.  However, where allegations are serious and/or numerous, it is preferable for the company to invest the time and effort in getting the domestic inquiry right.

Autumn1333
Member
Thu, 12 Oct 2017 04:50:44 PM

they already decided, Im fired....now what

Lauren Kushner
Member
Fri, 13 Oct 2017 01:31:28 PM

This comes under Labor law. I would suggest you to contact an attorney to know about your issue. I have heard a lot from my friends about the advocate Bechara Tarabay. I am sure that a professional will help you in the best way.

mdkamil
Contributor
Fri, 13 Oct 2017 02:23:08 PM
If you believe that it was an unfair dismissal, you can file to claim for a reinstatement under Section 20 of the Industrial Relations Act 1967 at the Industrial Relations Department.
Autumn1333
Member
Sat, 14 Oct 2017 09:31:12 AM

Great Thank you,  I have been to the Industrial Relations Department 3 times, phoned numerous times, and have sent several email.....filed with them 3 weeks ago about unfair treatment (as it states I can do according to their website) and now Ill have to file on Monday about Termination .....who do I contact about them not doing their job?  Thanks 

Autumn1333
Member
Sun, 15 Oct 2017 09:48:09 AM

None of this is worth it.....can I legally standout side and hand out flyer to parents about the schools treatment of me?  Can I contact all local newspapers as well an international about their treatment of a foreigner 

Q. I have been dismissed. How do I make a claim against my employer in the Industrial Court?
A. An employee does not lodge a claim directly with the Industrial Court. If the employee believes that he or she had been dismissed unlawfully or without just cause or excuse he or she has to personally go to the office of the Industrial Relations Department (which is under the Ministry of Human Resources) nearest his workplace where the employee would be asked to make his or her representations. At the Industrial Relations Office, the employee would be asked to fill up a form, “Borang S.20” giving all particulars of the dismissal. The Industrial Relations Office would arrange for a conciliation meeting at the Industrial Relations Office to be attended by the employee and employer to explore an amicable settlement. If there is no settlement, the dispute would be escalated to the Minister of Human Resources for his decision on whether the case should or should not be referred to the Industrial Court for a hearing. 

Q. Can I be represented at the Industrial Court?
A. Yes. The employer and the employees may seek representation at the Industrial Court. They may represent themselves or be represented by officers of a trade union of employees or employers. They may also be represented by Advocates & Solicitors. However, representation by an Advocate & Solicitor is only with the permission of the President of the Industrial Court. Parties desiring representation by Advocates & Solicitors are required to fill up Forms A and B to apply for permission from the President. Normally permission is not refused unless there are valid objections from the opposing party. 

mdkamil
Contributor
Mon, 16 Oct 2017 09:43:35 AM
Originally posted by Autumn1333 on Sat, 14 Oct 2017 09:31:12 AM

Great Thank you,  I have been to the Industrial Relations Department 3 times, phoned numerous times, and have sent several email.....filed with them 3 weeks ago about unfair treatment (as it states I can do according to their website) and now Ill have to file on Monday about Termination .....who do I contact about them not doing their job?  Thanks 

Which IR Department office did you go to? Throughout my experience with regards to termination of employment it is unlikely that the IR Department not taking appropriate actions upon receiving reports from an employee. Nonetheless, if you are in some kind of difficulty dealing with them, you may bring up the matter to their HQ in Putrajaya (http://jpp.mohr.gov.my/)

Autumn1333
Member
Mon, 16 Oct 2017 09:59:07 AM

I tried reporting over 3 weeks ago as I was being abused by my employer in my opinion, of course I've done all that's asked of me which only involved more abuse from them, I reported over 3 weeks and have been in numerous times, I have a panic attack every time I step into an office. It's very clear to me I'm not going to be treated fairly, I can't afford to be running around the country from office to office that's insane. I just need to stay calm and do my part. Thank you for the information. 

Autumn1333
Member
Mon, 16 Oct 2017 10:00:29 AM

If this is the treatment from them it also means I won't receive a fair trail either.  I would like to know the best steps to take to expose this injustice 

Autumn1333
Member
Mon, 16 Oct 2017 10:13:44 AM

If this is the treatment from them it also means I won't receive a fair trail either.  I would like to know the best steps to take to expose this injustice 

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