IN industrial and commercial establishments and hospitals, various investigations are conducted to ascertain the causes behind undesirable events and initiate appropriate action. These may comprise investigations into the sudden breakdown of machinery, getting less than the targeted output or problems related to quality control.

Commercial enterprises may inquire into complicated causes of declining sales, competitors gaining an edge or an increase in customers’ complaints. The management of a progressive medical outlet may probe the complaint of negligence in the treatment of a patient. The purpose is to find out the facts, identify the causes and ensure that such negligence is not repeated.

The security department of these establishments may investigate incidents of stealing from the premises and fights among employees or between a customer and an employee or instances of disorderly behaviour among a group of staffers.

It is not obligatory for the management to hold such inquiries unless ordered by a court of law. However, a non-management employee accused of misconduct cannot be punished under the law unless the charge against him is proved in an internal inquiry set up by the employer. The process of holding such an inquiry is detailed here.

It isn’t necessary to take disciplinary action for every wrong.

In most investigations, the inquiry committee holds some individuals responsible for causing losses to the organisation or disrupting its peace. As most of the individuals so identified would be employees, what options are available to hold them accountable?

It isn’t necessary that every wrong requires the management to initiate disciplinary action against the employee. There may be multiple causes leading to undesirable outcomes and the employee may have been just a victim of circumstances.

Nevertheless, in cases where the loss to the organisation or the disruption of a peaceful environment is directly attributable to an employee’s negligence, incompetence or subversive behaviour, the management may decide to initiate disciplinary proceedings.

In case the accused employee is in the management cadre, he may be proceeded against under the rules framed for this category. If the accused is a non-management employee, then the disciplinary process as provided under the law will have to be followed. The law provides full opportunity to the accused employee to defend himself against the charges levelled by the management.

In order to investigate the allegations, a domestic inquiry has to be conducted in accordance with the provisions of Standing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Standing Order 15 describes five types of misdemeanours, ie minor offences and 12 types of misconduct which are major offences. A misdemeanour may be categorised as misconduct if repeated twice or thrice, ie, if an employee frequently disregards or disobeys the organisation’s rules or orders.

It is mandatory under the law that an employee accused of misconduct be provided an opportunity by the management to explain himself in writing. If the explanation submitted is not found satisfactory, then the management must hold an inquiry into the charges, which should be conducted by an impartial and unbiased person.

The person appointed as the inquiry officer by the management may not have a legal background but must observe the same procedure for holding the inquiry, as followed by civil court judges.

First, the management has to produce its witnesses one by one, along with documentary evidence, if any, to prove the charges. At the end of their statements, the accused may cross-examine the management witnesses. Thereafter, the accu­sed may record his own statement and produce the defe-nce witnesses, who will be subject to cross-examination by the management re­­­presentative.

All proceedings will be held in writing and in the presence of the accused and in a language he understands. Proceedings should preferably be written by the inquiry officer himself or he may type them out on the computer. Every statement of the witnesses and each page of the inquiry has to be signed by all those present. If the inquiry officer is typing the proceedings, he should get individual signatures on the printouts.

There may be organisations with offices in towns away from the head office. In case the alleged offence has been committed in a remote town, the issue of calling the accused and witnesses to the head office is ideally handled through a virtual domestic inquiry. However, this practice has not yet begun here and there is no case law on holding virtual inquiries.

Unlike advanced countries, our legal systems are slow to adapt to changing trends including new technology. Someone will have to take the lead and get this system established and recognised by the courts, especially when many other activities have gone virtual lately.

The writer is a consultant in human resources at the Aga Khan University Hospital.

Published in Dawn, August 25th, 2022