7.1 REASONING FOR DOMESTIC INQUIRY
The employer must carry out an investigation before the worker could be dismissed under misconduct which is based on the concept of Domestic Inquiry. The main purpose for this inquiry is to make sure whether the employee was guilty or innocent under the accused misconduct. This is a common principle of industrial relations. The independent body which is the investigation board and the panel will carry out this process. This is basically based on the responsibility to ensure the dismissal to be done without accusations and with a form of true reasons.
Based on the case of Diamond Cutting Sdn. Bhd and Ibrahim Hassan there are several concept have being used by the court. It was held that it has become an important statutory requirement based on Section 14 EA 1955on the punishment of misconduct. The conduct a domestic inquire shall be done before the employee can be subjected to be dismissed under misconduct.
In the case of British Labour Pump Ltd vs Byrne andMotipur Sugar Factory Pte Ltd the decisions has being based by the court in the case of Dreamland Corp Sdn. Bhd. vs. Choong Chin Sooi . Based on the India case of Workmen of Motipur Sugar Factory, the court stated that justification has to be done by the employer before the dismissal is being carried out. However if the employer has fail to do so, there must me justification and responsibility be done in the court tribunal.
Based on the case of British Labour Pump Ltd., the court held that the court will question two matters if the right procedure is not which is:
a. Was the proper step in obtaining information and investigation has being done by the employer himself?
b. If the answer is yes to the above statement, have the employer acted in a correct manner in dismissing the worker?
Based on our country Industrial Relation Act 1967 (IRA 1967) consist of unclear procedure of domestic inquiry. It is only being define in the term of