managing dismissal cases - pretrial preparation
TRANSCRIPT
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-