What happens at a domestic inquiry?
Your employer has called a hearing into what they say you did.
A domestic inquiry can feel like a trial you did not choose to be in. It is your employer’s internal hearing, and how it is run can decide whether a later dismissal is fair.
What is a domestic inquiry?
A domestic inquiry is an internal company hearing into alleged misconduct, held before your employer decides whether to dismiss you. A panel, usually managers not directly involved in the allegation, hears the case against you and your response.
It is not a court hearing, but the same basic fairness applies. You should know what you are accused of, and get a real chance to answer it.
What does a fair process require?
Fair process is the standard the Industrial Court applies later. That means clear notice of the charge, enough time to prepare, and a chance to question the evidence and call your own.
A panel that has already decided before hearing you, or one that hides the evidence against you, falls short of that standard. Keep a written note of anything that feels prejudged.
What if my employer skips the inquiry entirely?
Some employers dismiss first and skip the hearing. That does not end your options.
It usually weakens your employer’s case, since the burden of proving just cause rests on them, not on you.1
A show-cause letter usually comes just before an inquiry. Read that page if you have received one and no hearing has followed.
How should I prepare for the hearing?
Write down your version of events before the date, in order, with dates attached. Gather any message, appraisal or document that supports your account, since written evidence is easier to prove than memory.
If the process feels unfair as it unfolds, note exactly what happened and when. That record matters later, whether the outcome is dismissal or something short of it.
What happens if I am dismissed after the inquiry?
If the inquiry ends in dismissal, the same 60-day window applies as any other dismissal.2 You can work out your exact deadline once you have the date.
From there, a Section 20 representation is the written claim that starts the formal process, moving toward conciliation and, if needed, the Industrial Court.
Keep your evidence and documents in order from the day an allegation is first raised.
If you want a lawyer to review how the inquiry was run, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the notice and the outcome directly to that lawyer. They can review whether it is a case they can act on.
If a domestic inquiry has been called and you want a lawyer to assess the process, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the notice and the allegation. An independent lawyer can review whether they can act for you.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can my employer skip the domestic inquiry and just dismiss me?
It happens, but it weakens your employer's position later. Fair process normally expects you to hear the allegation and answer it before any decision, so a dismissal with no inquiry at all is among the easiest kinds of case to question.
Do I have to attend the inquiry?
You do not have to, but not attending removes your chance to respond on the record. If you have a genuine reason to be absent, put it in writing and ask for a new date rather than simply staying away.
Can I bring someone with me?
Some companies allow a colleague or union representative to sit with you, but rules vary by employer. Check your contract or staff handbook, and ask in writing if the policy is unclear before the date.
What if the panel seems to have decided before I speak?
That is worth noting down carefully, including anything said or done that suggests the outcome was fixed beforehand. A panel that appears to have prejudged the matter is a point a lawyer will want to examine.
Sources
- Once a dismissal reaches the Industrial Court, the burden of proving there was just cause or excuse rests on the employer, not on the employee who was dismissed. Mah Weng Kwai & Associates, Unfair Dismissal
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If a domestic inquiry has been called and you want a lawyer to assess the process, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the notice and the allegation. An independent lawyer can review whether they can act for you.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.