Workplace misconduct and the requirement of due inquiry: with reference to the practice in Malaysia

This paper discusses the concept of workplace misconduct and the requirement of a domestic or due inquiry to establish the alleged act and with reference to the practice in Malaysia. The issues considered herein are as follows: (a) whether the disciplinary or domestic inquiry is essential in an impending dismissal for alleged gross misconduct; and (b) whether the dismissal carried out without convening a disciplinary inquiry violates the principles of natural justice thereby rendering the dismissal unfair