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Domestic Inquiry

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asked on Sep 24, 2013 at 14:24
by   ycchiew
Dear Sir,
i would like to seek your kind advise for below matter:-
my company had suspended a sale executive since 27th Aug 2013, but we are paying him" full salary" without any loss of income. We also had conducted " Domestic Inquiry" since last 2 weeks. please refer to below questions which i need your help to act accordingly:-

1]Do we need to send a copy of the D.I. to the accused empolyee ? can we send it “ D.I. “ minutes to him by email or
  a] by post  - using company letter ?
   b] do we need to give him a copy of “ Chairman Summary” as well?

2] As the management decision , we will issue him a “ stern warning”  base on this “D.I” , can you help us to draft?  OR could the company directly proceed to “demote”  / transfer  him by giving  reason that base on the findings of the Panel of D.I., evidence adduced at the inquiry the charges levelled against him?

   Even though the management final motive is to “ dismiss” him but  we understand that sure he will proceed to “ Industrial court” later.

3] The company has suspended him since 27th Aug 2013, any time frame we have to uplift this “ suspension”?

Thanks so much!

YC
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1 Answers

answered on Sep 26, 2013 at 14:01
by   arun1011
Hi there

1. Your suspension from 27 August 2013 until now even with full pay is ok but please proceed to decide by end of the month the Management decision because there are cases which have said that if Company puts the employee on suspension for a long period of time even with full pay, the employee can claim constructive dismissal because it is sort of an act of humiliation against him.

2. Preferably get the employee to come to office and check the DI minutes and ask him to sign on each page to confirm its accuracy. In this way, he cannot later dispute the minutes are not correct.

3. It is not necessary to give 'Chairman Summary" to the employee.

4. In respect of the Management decision to issue warning or demote/transfer him, it would not be possible for me to advice on the correct option until i have a look at the charges and the evidence presented at the DI.
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