What happens at a domestic inquiry
You have been called to an internal hearing and want to know what to expect.
What happens at a domestic inquiry?
A domestic inquiry is an internal company hearing into alleged misconduct. Someone presents the allegation and evidence, you may respond, and a panel or chairperson records what is said.
It is not a court hearing, but a fair inquiry still tells you the allegation clearly and gives you a real chance to answer it. If a dismissal follows and you challenge it, the employer must still prove just cause.1
What are the steps?
The hearing usually runs in three parts:
- The allegation is read out or presented, followed by the evidence the employer relies on.
- You respond, ask questions or give your own account.
- A decision follows, usually some time after the hearing, not at its end.
Some employers let a colleague or representative come with you, so check your company’s policy in advance.
How do you prepare?
Write your own account in order before the inquiry. Gather documents, messages or records that support your version and organise them so you can find them fast.
Ask beforehand how long the inquiry is expected to take and when a decision will come. If English is not your strongest language, ask whether the hearing can be explained in one you fully understand.
What if you are unsure how to handle it?
Read about what happens if no inquiry was held if that fits your case better. If you want a lawyer to act for you, an employment lawyer can help you prepare.
If a dismissal follows, the deadline calculator confirms your filing date within the 60-day window.2
If you have been called to a domestic inquiry, an independent employment lawyer can review the charge and the notice and act for you if the process looks unfair.
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 I bring someone with me to the inquiry?
Practice varies by employer, so check your company policy or ask in writing beforehand. Being told you cannot bring anyone is worth noting, because it can affect how fair the process looked.
Who usually runs the inquiry?
It is usually chaired by someone from inside the company, sometimes with a panel. The person presenting the allegation is normally different from the chair, though this varies.
What if I disagree with how the inquiry was run?
Write down your concerns as soon as possible afterwards, while the details are fresh. This becomes useful evidence if you later challenge the fairness of the process.
Does the outcome of the inquiry decide everything?
The finding usually feeds into the employer's final decision, but you can still challenge an unfair dismissal afterwards. The inquiry and any later claim are separate steps.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
Keep reading
If you have been called to a domestic inquiry, an independent employment lawyer can review the charge and the notice and act for you if the process looks unfair.
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.