What is important that the Employer must investigate the matter fairly and that the employee is given a fair hearing and/or a chance to be heard before he is deemed guilty or not guilty of the alleged offence. But it does not necessarily mean that the Employer must conduct a formal DI. Section 14(1) of the Employment Act 1955 does not define and does not specify what amounts to “due inquiry” or how an inquiry should be conducted. How is a due inquiry should be conducted? Under Malaysian law, where an employee is subject to the Employment Act 1955, it is a statutory obligation imposed on the Employer to conduct a due inquiry to determine whether an employee is guilty of misconduct before the employee can be dismissed or before imposed any major penalty on the employee. Is a DI required under the Malaysian law? The DI is a method that allows the alleged employee to have the chance to defend the charges against him. Domestic Inquiry : Is it compulsory in Malaysia ?Ī Domestic Inquiry (“DI”) is an internal investigation process conducted by an Employer to investigate the conduct of an employee at work, whether the employee has committed an act of misconduct.
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