Under Malaysian law, employers are statutorily required to conduct a due inquiry to determine whether an employee is guilty of misconduct before dismissal or imposition of any disciplinary penalty. However, the Employment Act 1955 does not define what constitutes a “due inquiry” or prescribe how it should be conducted. In practice, most established organisations with clear internal policies carry out a Domestic Inquiry (DI) when investigating employee misconduct. A DI is far more than a...

Can a director file an unfair dismissal claim under the Industrial Relations Act 1967 (“IRA”) The company directors play a crucial role...

Probation periods give the employer the opportunity to assess new recruits on the job. Similarly, the probationer will also assess...