Conduct Domestic Enquiry/Misconduct/Dismissal/Discharge

Domestic enquiry is initiated against the person who does something wrong while they are at their workplace. It forms a crucial aspect of the labour laws, as it provides for a mechanism that helps to resolve disputes that arise in the workplace. This enquiry is an internal enquiry conducted usually by the employer to address the issues that arise in the course of employment

Failure to hold a domestic enquiry in such cases of misconduct or indiscipline is considered to be a blatant violation of natural justice and the constitution. The domestic enquiry holds the delicate balance between the employer and employee’s rights. Rooted in the principles of due process, domestic enquiry is crucial for a safe workplace. This article seeks to understand the intricacies of domestic enquiry, its purpose, principles involved, procedure, legal framework and recent cases on the subject. Needless to state that the aim of conducting a domestic enquiry is that the allegations so levelled against the accused employee will be investigated. This enquiry helps to establish the truth of the matter. It is only through the enquiry that the investigation into the allegation is made and if found to be true, disciplinary action would be taken on that based on the severity of the alleged conduct. The domestic enquiry serves the purpose of upholding the principles of natural justice and building a safer and contributive work environment. In short, the following are the objectives to be achieved from domestic enquiry:

  • Protecting the rights of employees
  • Fair and unbiased forum for investigation
  • Evaluation of case based on merit
  • Adherence to due process
  • Timely and effective dispute resolution
  • Promoting feeling of safety in workplace
  • Prevention of discriminatory practices by employer.
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