Employment & industrial relations chambers — Kuala Lumpur +60 3-2202 4188 WhatsApp
FLS Faiza Loke & SivamAdvocates & Solicitors

Employer desk

Misconduct & domestic inquiry

Most dismissals lost in the Industrial Court are lost on process. Section 14 of the Employment Act 1955 requires "due inquiry" before dismissal for misconduct — and due inquiry is a discipline, not a meeting.

From allegation to defensible dismissal

The sequence that survives scrutiny: a show-cause letter that states the allegation with dates and particulars; charges drafted precisely (vague charges void inquiries); suspension where warranted — on not less than half pay under section 14(2), full pay restored if exonerated; an inquiry panel with no witness or complainant sitting in judgment; a hearing where the employee hears the evidence and answers it; a reasoned finding; and a punishment proportionate to both the misconduct and the record. We run any part of this, or all of it.

Independent chairing

For senior or sensitive cases, an external chairman removes the "judge in their own cause" attack entirely. Sivam and Mei Lin sit as independent chairs for unrelated employers at RM 4,500 per hearing day, with charge review and a written reasoned finding included. HR keeps the file; we keep the process clean.

An inquiry panel that includes the complainant is an award against the company waiting to be written.
An inquiry panel that includes the complainant is an award against the company waiting to be written.

The file you will rely on in two years

Industrial Court references arrive eighteen months after the dismissal, when memories have faded and the supervisor has resigned. What remains is the file: contemporaneous warnings, the inquiry notes, the exhibits. Our supervisor training and documentation templates exist because the best time to win the reference is before the dismissal letter is signed.

Questions we hear at assessments

Is a domestic inquiry legally compulsory?

For Employment Act employees dismissed on misconduct grounds, section 14 requires due inquiry; for others, procedural fairness is weighed by the Industrial Court regardless. A defective inquiry is not always fatal — the court rehears the merits — but starting behind is expensive.

Can we suspend pending investigation?

Yes — up to two weeks on not less than half wages under section 14(2). Longer suspensions need contractual footing and full pay restored where the inquiry clears the employee.

The employee resigned mid-inquiry. Finish it?

Usually yes, especially where fraud or recovery is in play — findings support civil claims and answer any later "forced resignation" narrative. We advise case by case.

Get it assessed properly.

Bring the documents; leave with the deadline, the merits and the next step in writing.

Book a case assessment — RM 480 WhatsApp the firm

Mon–Fri 9am–6pm · Sat morning by appointment · +60 3-2202 4188

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