The Termination Letter After Domestic Inquiry is a crucial document in Malaysian employment practice that formalizes the outcome of a domestic inquiry procedure. It is used when an employer needs to terminate an employee's service following a formal investigation into misconduct or disciplinary issues. The document must be carefully drafted to ensure compliance with Malaysian employment legislation, including the Employment Act 1955 and Industrial Relations Act 1967. It serves as official documentation of the termination decision, protecting both employer and employee interests by clearly stating the grounds for termination, findings of the inquiry, effective date, and all relevant entitlements. This document is particularly important as it may be scrutinized in the event of unfair dismissal claims before the Industrial Court.
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1. Company Letterhead and Date: Official company letterhead with complete contact information and date of the letter
2. Employee Details: Full name, employee ID, position, and department of the employee
3. Reference to Domestic Inquiry: Details of when the domestic inquiry was conducted and reference to the show cause letter
4. Summary of Charges: Clear statement of the misconduct or violations that were investigated
5. Findings of the Domestic Inquiry: Summary of the key findings from the inquiry and the basis for the decision
6. Termination Decision: Clear statement of the decision to terminate employment and its effective date
7. Final Entitlements: Information about final salary, outstanding benefits, and statutory payments
8. Company Property Return: Instructions regarding the return of company property and access credentials
9. Signature Block: Authorized signatory's name, title, and signature
1. Non-Compete Reminder: Include when the employee is bound by non-compete agreements that survive termination
2. Confidentiality Obligations: Include when there are specific confidentiality terms that continue post-employment
3. Garden Leave: Include when the employee will be placed on garden leave during the notice period
4. Appeal Rights: Include when company policy allows for appeals against termination decisions
5. Reference Policy: Include when specifying the company's position on providing future employment references
1. Domestic Inquiry Report: Detailed findings and recommendations from the domestic inquiry panel
2. Final Settlement Statement: Breakdown of all final payments, deductions, and benefits
3. Company Property Checklist: List of company property to be returned
4. Evidence Documents: Copies of relevant evidence presented during the domestic inquiry
5. Employment Contract Excerpts: Relevant sections of the employment contract relating to termination
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