On 13 February 2026, our Partner, Ms Janice Anne Leo, delivered a session titled “Disciplinary Proceedings: Investigations & Punishments” as part of the Employment Law Series organised by the Kuala Lumpur Bar Committee.
The session provided a practical overview of the proper procedures for handling workplace misconduct, beginning with internal investigations and the issuance of notices to show cause, to the conduct of domestic inquiries and the determination of appropriate disciplinary action. Participants were guided through key procedural safeguards, including employees’ rights to respond, access relevant documents, and be given a fair opportunity to defend allegations made against them.
The session also examined the proportionality of punishment in disciplinary proceedings, highlighting how employers must ensure that disciplinary measures are commensurate with the seriousness of the misconduct, taking into account factors such as the employee’s role, length of service, and prior disciplinary record. Relevant Industrial Court and appellate decisions were discussed to illustrate how courts assess fairness and justification in dismissal cases.
Overall, the session reinforced the importance of fair process, careful investigation, and proportionate decision-making in managing employee misconduct while minimising legal risk for employers.
