DISCIPLINARY PROCEEDINGS AND DOMESTIC ENQUIRY
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.
After completing course the participants will be able to:
- Understand the legal aspects of domestic enquiry and employee discipline;
- Understand the basic pitfalls of domestic enquiry, in view of employer, employee, presenting officer & enquiry officer;
- Know how to investigate the allegations to determine if a case is fit for domestic enquiry or not;
- Learn to observe the pre-enquiry formalities like drafting the charge-sheet, serving the charge-sheet, assess the explanation given by the charge-sheeted employee, order for domestic enquiry etc.
- Learn how to prepare the witnesses and documents for production in the enquiry;
- Gain practical skills in drafting charge-sheet, show cause notice, order of suspension, report of findings, order of punishment, etc.;
- Get hands-on experience to independently perform the role of presenting officer and enquiry officer;
- Analyze and determine, if a case is fit for suspension or transfer pending enquiry 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;
- Identify the crucial factors to conduct a flawless domestic enquiry;
- Monitor the enquiry to determine if it is being held in accordance with legal requirements and principles of natural justice;
- Conduct the domestic enquiry independently.
- HR, IR & ER - Role of HR, external & internal union leaders.
- Concept of misconduct and influencing factors.
- Certified standing orders, employment terms & conditions and agreements.
- Meaning and significance of domestic enquiry, quasi judicial process, principles of natural justice, provisions of standing orders and the basic rules of domestic enquiry.
- How to investigate the allegation of misconduct and gather the information to conduct the domestic enquiry.
- How to determine if a case is fit for issuing charge-sheet.
- Caution letters, show-cause notice, charge-sheet. How to draft them and their importance. Basic pitfalls of these letters contributing to serious consequences.
- What is preliminary hearing and how to conduct it.
- Language of domestic enquiry - language known by the charge sheeted employee and / or local language.
- Preparing, submitting, identifying and marking of documents and material objects.
- What is chief examination as well as cross examination and how to conduct it.
- Enquiry Officer - eligibility, qualification, experience, duties, and rights.
- Presenting Officer- eligibility, qualification, experience, duties, and rights.
- Defence Representative - eligibility, qualification, experience, duties, and rights.
- Issuing proceedings to charge sheeted employee etc.
- Final report submission- meaning, procedure, content, importance.
- Report of findings- meaning, procedure, content, importance.
- Right of Disciplinary Authority (DA) either to reject or modify the report of findings by recording the reasons.
- Right of workman to get a copy of report of findings and represent against it, as well as the right to be heard before determining the quantum of punishment.
- How to conduct an ex-party enquiry.
- How to determine the quantum of punishment and the procedure to be followed for imposing the punishment.
- 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.
- How to start, conduct and conclude the enquiry by avoiding errors.
- Suspension- rights, duties and service conditions of a suspended employee, payment, recovery and reduction of subsistence allowance.
- Final examination.