managing dismissal cases - pretrial preparation

PRE-TRIAL PREPARATIONPART 2.

COMPLAINT

First information report Type-verbal or in writing By whom Gist of report Action by receiver Whether serious enough to warrant

investigation Specific or general (act or person)

INVESTIGATION

Reason to commence investigation Breach – criminal / company’s Ingredients of breach Evidence – oral / documentary /computer Corroborative Evidence Circumstancial Evidence Prima Facie case Reasonable ground for suspect

/suspension

SHOW CAUSE

Must be based on outcome of investigation There is prima facie evidence Specific allegation of facts ie; act , time and place Specific breach of what provision Eg ; terms and conditions ,rule or

regulation Reasonable time to response Reminder of consequence of inaction

CHARGES

Should be immediately prepared upon completion of investigation

Requirements ; That you ….on such a date /time

/place… Did……….(what specific act )…… Which contravenes …….(provision)….of

your Employment contract… (terms/

condition/rule or regulation )

CASES 0N CHARGES

Colgate Palmolive(M) Sdn Bhd v Yap Shyan Meng Award no 660/2007

Lim Ean Choo & 120 Ors v Tadika Tzu Yu Award no 1687/2008. Kelana Sidek v Petronas Maritime Services Award no ; 1472/2010 Ng Wei Hock v MP E- Worldwide Award no ; 859/2011

CONCILIATION AND REFERENCE

Provisions of section 20. Conciliate – meaning Third party – to get parties to

compromise Time limit – 60 days Minister’s discretion S 20 (3) Proper or not to refer Question of law or fact.

-THE END-