CONTINUATION OF DISCIPLINARY PROCEDURES - FINAL

By Ramachandran Kurup

In the previously mentioned article, I wrote up to the sample Letter to Show Cause, and here I continue with the same piece. I want to emphasize that this represents my own personal opinions and views on the subject, specifically written for all new and young personnel in the Human Resources and Industrial Relations field.

Below is a draft response from the staff/employee concerned, provided here for your reference:

Date: 23rd August 2021

Mr. Ringo Babulu,

Assistant Vice President, Industrial Relations

Human Capital

XYZ Sdn Bhd

Dear Sir,

RE: REPLY TO SHOW CAUSE LETTER

Reference is made to your Show Cause Letter dated 18th August 2021.

I wish to place on record that I received this Show Cause Letter, which contains vague and unclear allegations against me, after my resignation was accepted on 15th August 2021. I submitted my resignation voluntarily and in good faith, providing the company with the requisite notice period as outlined in my appointment terms.

Issuing this Show Cause Letter post-resignation, with unspecified allegations, seems to reflect a lack of good faith on the part of Management.

My service record over the past five years reflects my loyalty, dedication, and contribution to the company, and it is disheartening to receive a letter that implies otherwise.

I am confident that I have committed no misconduct and, in light of the ambiguous nature of these allegations, I respectfully deny them and see no necessity for a further response.

I trust that you will consider withdrawing the Show Cause Letter in view of the above.

Thank you.

Yours faithfully,

Zing Zoo Bah

The response from the employee above shows a denial of all allegations mentioned in the Company’s Letter to Show Cause. At this point, Management must decide whether to suspend the employee and proceed with a Domestic Inquiry. Assuming the Management chooses to move forward with the inquiry, the following letter is typically issued:

REF NO

STRICTLY PRIVATE & CONFIDENTIAL

DATE

(BY HAND)

XXXXXXXXXXXXXXXXXX

POSITION

DEPARTMENT

(Present)

Dear XXXX

NOTICE OF DOMESTIC INQUIRY

We refer to the Company’s letters dated ………………….and to your failure to reply to

the same.

The Company has decided to convene a Domestic Inquiry to address the following charges of misconduct against you, the particulars of which are outlined below:

It is alleged that, in breach of your express and/or implied terms of service, including the Company’s Human Resources Manual, you have committed the following acts of misconduct:

1. That you [specific misconduct];
2. That you [specific misconduct];

As a result, you are alleged to have: (a) breached the Company’s Human Resources Manual; and/or (b) abused your position of trust and authority within the Company; and/or (c) engaged in conduct subversive to discipline and good behavior; and/or (d) acted in a manner incompatible with the proper discharge of your duties; and/or (e) neglected or failed to fulfill your duties and obligations to the Company; and/or (f) acted contrary to the Company’s interests; and/or (g) failed to exercise due care and diligence in safeguarding the Company’s interests.

These actions constitute serious misconduct.

You are required to attend the Domestic Inquiry to address these charges. The details of the Domestic Inquiry are as follows:

Date :

Time :

Venue : Meeting Room...........

At the Domestic Inquiry, you will be accorded full opportunity to conduct your defence

by not only cross examining such witnesses as may be produced against you but also

by examining your own witnesses, all of whom must be employees of the Company (if

any). You may bring along with you any documentary or other evidence that may help

you in your defence.

You are advised that the Company views the above charges of misconduct seriously

and, should you be found guilty of any one or more of the said charges of misconduct

preferred against you, you may be liable to severe disciplinary action, including the

punishment of dismissal from service. Should you fail to be present at the Domestic

Inquiry on the date, time and place mentioned above, the Domestic Inquiry will proceed

in your absence and you will be bound by the findings of the Domestic Inquiry.

Please take note that you shall continue to remain suspended from service, on half

pay, on terms as specified in the Company’s letter of suspension dated ...........,

pending the conclusion of the Domestic Inquiry and the outcome thereof.

Please acknowledge receipt of this letter for the Company’s records.

Yours faithfully,

XXXXXXXXXXXXXXXX

General Manager

c.c. HR/P-File, XXXXXXXXXX

Acknowledgement of Receipt

I, ……………………………………………………. (NRIC

No…………………………..)hereby acknowledge receipt of this original letter dated

XXXXXXXXXX.

…………………………………… ……………………………………

Please ensure that all allegations stated in the Letter to Show Cause are maintained for the Domestic Inquiry process.

THE DOMESTIC INQUIRY PROCESS:

1. Prepare all necessary documents required for conducting the Domestic Inquiry.
2. Compile all relevant witness statements, ensure they are accurate, and review them with the witnesses.
3. Appoint three Panel Members, including a Chairman among them. Ensure that none of the panel members are in any way connected to the disciplinary case.
4. Confirm and communicate the finalized date, time, and place to all involved parties, including the employee.
5. Begin the Inquiry with the HR Manager serving as the Prosecuting Officer (PO), who opens the case.
6. Record the employee's plea (guilty or not guilty) before starting the formal Inquiry.

After the PO and the employee’s submissions, the Panel will privately deliberate and the Inquiry Secretary will document the entire proceeding verbatim.

The Panel will then inform Management (HR) of their verdict and recommendations, if any, and the following letter will be sent to the employee.

STRICTLY PRIVATE & CONFIDENTIAL

Date

BY HAND

Name

Position

Dear …………………….,

NOTICE OF TERMINATION

We refer to the Notice of Domestic Inquiry dated [Date] and the subsequent inquiry proceedings conducted on [Date].

Following a review of your defense and submissions presented at the inquiry on [Date], we confirm that the Domestic Inquiry Panel has found you guilty of both charges specified in the Notice of Domestic Inquiry dated [Date].

In consideration of all aspects, including the seriousness of your misconduct, your service record, mitigation submissions, and the nature of your role as [Job Position], [Department], the Company has no alternative but to terminate your employment with immediate effect. The loss of trust and confidence required to discharge your responsibilities leaves no alternative.

Your salary will be paid up to the date of this letter, subject to statutory deductions. Final payment will be released upon obtaining income tax clearance from Lembaga Hasil Dalam Negeri (LHDN).

Please be reminded of your ongoing confidentiality obligations and that any documents or work obtained or produced during your employment remain the property of the Company. Kindly return all Company assets in your possession to the undersigned immediately.

Please acknowledge receipt of this letter for our records.

Yours faithfully,

xxxxxxxxxxxxx

xxxxxxxxxxxxxxx

c.c. HR / Personnel File, Head of Dept.

Acknowledgement of Receipt

I, _______________________________ (NRIC No. _____________________) hereby acknowledge receipt of this original letter dated XX.XX.XXXX.

________________________ _____________________

Signature: Date

The top Management will decide on the punishment and this is relayed to the Defendant Employee.