Challenging a Domestic Inquiry: Protecting Employee Rights in Malaysia

By:

Bryan Lui (Co-Managing Partner) [bryan_lui@luibhullar.com]

Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh_bhullar@luibhullar.com]

Challenging a Domestic Inquiry: Protecting Employee Rights in Malaysia

What is a Domestic Inquiry?

A Domestic Inquiry (DI) is an internal investigation conducted by an employer to address alleged employee misconduct. It provides the employee an opportunity to defend themselves before disciplinary action is taken. While not legally mandated, it demonstrates fairness and aims to ascertain the truth. However, flaws in the DI process can lead to its findings being challenged.

Unfair Domestic Inquiry: Identifying Potential Issues

A Domestic Inquiry may be deemed unfair if:

• Lack of Disclosure: Material facts of the charges are withheld (e.g., complainant's identity, incident details).

• Insufficient Notice: The employee is summoned without prior notice or explanation.

• Biased Panel: The inquiry panel includes biased or non-impartial individuals.

Challenging Domestic Inquiry Findings in the Industrial Court

The most common way to challenge a Domestic Inquiry is through the Industrial Court, particularly in cases of dismissal. The Court will examine:

• Procedural correctness, including adherence to natural justice principles (right to be heard, impartiality).

• The validity of the Domestic Inquiry's conclusions based on the evidence presented.

Cases such as Metroplex Administration Sdn Bhd v Mohamed Elias and Lini Feinita bt Muhammad Feisol v Indah Water Konsortium Sdn Bhd highlight the Industrial Court's role in reviewing Domestic Inquiry findings. The Court must consider the DI’s finding even though the court is not bound by it.

Civil Court Declarations: An Alternative?

A key limitation of challenging a Domestic Inquiry in the Industrial Court is that it typically requires dismissal as a prerequisite. This raises the question: Can an employee seek a civil court declaration that a Domestic Inquiry is unlawful?

While no definitive precedent exists, Lim Eye Thun v Majlis Peguam Malaysia & Anor suggests this possibility. The Court of Appeal did not dismiss the idea, indicating that declaratory relief might be available in appropriate cases.

Exhausting Internal Remedies

Regardless of the chosen avenue, employees must exhaust all internal appeal processes before seeking external intervention. This principle, established in cases like Metroplex Administration Sdn Bhd v Mohamed Elias and Tan Beng Swee, Penang V. Malaysian Airline System Berhad, prevents abuse of the court process.

Protecting Your Rights: Seeking Legal Assistance

If you believe your Domestic Inquiry was unfair, consult an employment lawyer in Malaysia or an employment law firm in Kuala Lumpur. If you've been wrongfully terminated, seek a wrongful termination lawyer in Malaysia. For contract reviews, engage an employment contract lawyer in Malaysia. If you face discrimination, contact a workplace discrimination lawyer Malaysia. Understand your employee rights lawyer in Malaysia and labour law in Malaysia. For employment law advice in Malaysia or industrial relations lawyer in Malaysia, seek professional guidance. Search “employment lawyers near me” for local expertise.

Conclusion

Properly conducted DIs are essential for fair workplace discipline. Employers must ensure procedural integrity to avoid challenges to their findings. Employees must understand their rights and exhaust internal remedies before seeking legal recourse.

Seeking Legal Assistance

Navigating the Labour Court can be complex. Consulting an employment lawyer Malaysia or an employment law firm in Kuala Lumpur is highly recommended. If you believe you have been unfairly dismissed, you should seek a wrongful termination lawyer in Malaysia. For assistance with your employment contract, contact an employment contract lawyer in Malaysia. If you have experienced discrimination, consult a workplace discrimination lawyer in Malaysia.

For guidance on your rights, connect with an employee rights lawyer in Malaysia. For general employment law advice in Malaysia or to understand the labour law in Malaysia, or for matters relating to industrial relations lawyer in Malaysia, seek professional help. If you're searching for “employment lawyers near me,” ensure they have experience with Malaysian labour law.

This article provides general information and should not be considered legal advice. Always consult with a qualified legal professional for advice tailored to your specific situation.