Domestic Enquiry & Disciplinary Proceedings

Introduction

Domestic enquiry is a quasi judicial process conducted by an independent internal or external competent person within the organization to find out, if the allegations of misconduct reported against any employee are true or false. No codified law for conducting the domestic enquiry. The procedure of domestic enquiry has been developed by time-to-time judicial clarifications and interpretations.

Punishing the employee without enquiry is illegal and dismissed employee is entitled to be reinstated with back wages. Not conducting the enquiry in accordance with the principles of natural justice or imposing punishment disproportionately higher than the nature and gravity of misconduct is also liable to be rejected by the court of law. Companies often make mistakes in this regard due to lack of expertise in enquiry procedure.

Hence this programme aims to impart the conceptual knowledge and practical skills in handling the domestic enquiry with utmost regard to the Principles of Natural Justice and the ratios of the decided cases.

Course Objective

The participants will be able to :

• Understand in depth the legal aspects of domestic inquiry and employee discipline;
• Understand the basic pitfalls of domestic inquiry, in view of employer, employee, presenting officer & inquiry officer;
• Learn to observe the pre-inquiry formalities like drafting the charge-sheet, serving the charge-sheet, assess the explanation given by the charge-sheeted employee, order for domestic inquiry etc.
• Analyze and determine, if a case is fit for suspension or transfer pending inquiry and the service conditions of a suspended employee; 
• Take note of the rights and protections available under Section 2(1), 2(2), 2(3), 10(4-A), 11(A), 17(B), 33, and 5th Schedule of Industrial Disputes Act 1947; as well as Section 10 A of Industrial Employment (Standing Orders) Act 1946 and Karnataka Payment of Subsistence Allowance Act 1988;
• Monitor the inquiry to determine if it is being held in accordance with lega l requirements and principles of natural justice;

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1. HR, IR & ER – Role of HR, external & internal union leaders.
2. Concept of misconduct and influencing factors.
3. Meaning and significance of domestic inquiry, quasi judicial process,  principles of natural justice, provisions of standing orders and the basic rules of domestic inquiry.
4. Caution letters, show-cause notice, charge-sheet. How to draft them and their importance. Basic pitfalls of these letters contributing to seriou s consequences. 
5. What is preliminary hearing and how to conduct it.
6. Language of domestic inquiry – language known by the charge sheeted employee and / or local language.
7. Report of findings- meaning, procedure, content, importance.
8. Right of Disciplinary Authority (DA) either to reject or modify the report of findings by recording the reasons.
9. How to conduct an ex-party inquiry.
10. How to determine the quantum of punishment and the procedure to be followed for imposing the punishment.
11. Rights and protection available under Section 2(1), 2(2), 2(3), 10(4-A), 11(A), 17(B), 33, and 5th Schedule of Industrial Disputes Act 1947; as well as Section 10 A of Industrial Employment( Standing Orders) Act 1946 and Karnataka Payment of Subsistence Allowance Act 1988.
12. Suspension- rights, duties and service conditions of a suspended employee, payment, recovery and reduction of subsistence allowance.