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Suspension and Domestic Inquiry

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asked on Aug 4, 2008 at 20:51
by   eman
edited on Dec 27, 2016 at 10:29
 
1. Recently I received a show case letter for a quality issue. I replied by denying the allegation. After a week, I was given a letter asking me to attend a domestic enquiry but I'm am not suspended.

My friends are telling me that I should be suspended pending the domestic enquiry. Is the company in wrong for not suspending me?

2. The allegations in the showcase letter are different from the allegations in the letter asking me to attend the domestic enquiry. Is that possible? What should I do about it?

Please help. The Domestic Inquiry (DI) is in this week.
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2 Answers

answered on Aug 4, 2008 at 23:28
by   nila5
edited Dec 27, 2016 at 10:30
 
For your information, "suspension" pending Domestic Inquiry (DI) is one of the options available for the employer. If you look at your letter of allegation or the Notice of Domestic Inquiry wherein all the allegations against you would have been leveled / stated clearly. Further, you have stated that you have replied, kindly be informed that usually DI will only take place if your reply is not satisfactory. If the alleged offence is serious in nature then the employer would have suspended you pending the domestic inquiry. If you are an employee under the Employment Act (Your salary is lower than RM1,500) then you can be suspended with half pay and not more than 14 days. If you are not falling under that category then you can be suspended more then 14 day but with full salary.

Well, in your case, do not worry about the DI, be cool and attend the DI at the time and dates stated therein and answer the questions one by one, if the tribunal founds that you are guilty then the management may dismiss you or may not suspend you but they may give you a warning. If you feel that you have been dismissed wrongfully then you may lodge complaint in the Industrial Relations Office.

Hope that the above stated fact would help you.
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answered on Dec 24, 2016 at 01:40
by   arun
1. There is no law stating that an employee should be suspended pending domestic inquiry. Normally an employee is suspended if there is fear that you may tamper with evidence. Otherwise the company need not suspend. It all depends on the nature of the allegation.

2. Go prepared for the domestic inquiry by having all facts in respect of the allegations leveled against you. I would suggest you write down all your points and make sure you take down notes during the domestic inquiry of what the case is against you. This would be helpful if you are dismissed and intend to challenge the dismissal at the relevant forum, ie, Jabatan Perhubungan Perusahaan (Industrial Relations Department) which may then refer your case to Industrial Court. 
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