A domestic enquiry is the employer’s own formal inquiry into alleged misconduct, held before any punishment is imposed. It is not a court case, but it must follow natural justice: a written charge, a fair chance to answer, an unbiased inquiry officer and a reasoned finding. A dismissal that skips it is easy to unwind later.

The steps, in order

1. Preliminary fact-finding. Collect the incident report, CCTV, attendance or system logs. This decides whether to charge, and is not itself the inquiry.
2. Charge sheet. State the act, date and place, and the clause of your standing orders or code of conduct it breaches. Vague charges are the first thing a tribunal criticises. Give a reasonable time to reply, as your standing orders fix.
3. Appoint the inquiry officer. Pick someone who was not a witness, not the complainant and not the person who will decide the punishment. Send a hearing notice with the date and the documents relied on.
4. The hearing. Management presents evidence; the worker can cross-examine, produce witnesses and be assisted as the standing orders allow. Keep signed minutes of each sitting.
5. Findings. The officer records reasons for each charge on the evidence led, on a preponderance of probability, not proof beyond doubt.
6. Punishment. The disciplinary authority considers the findings, gives the worker a chance to comment, weighs service record, and imposes a penalty proportionate to the lapse. Offer an appeal.

Time limits and risk

If you suspend a worker pending the inquiry, section 38 of the Industrial Relations Code expects both investigation and inquiry to finish ordinarily within 90 days. The subsistence allowance is 50 per cent of wages for the first 90 days and 75 per cent after that, if the delay is not the worker’s doing. Law-firm notes on the Model Standing Orders 2026 also report a 21-day appeal window; confirm it in the notified text.

The Code’s list of unfair labour practices includes dismissing in utter disregard of natural justice in a domestic enquiry, with undue haste, or for a minor lapse out of proportion to the record. A dismissed worker can also take the dispute to the conciliation officer and then the Tribunal. Settle the dues afterwards through full and final settlement.

Frequently asked questions

Is an inquiry needed if the employee has stopped coming to work?

Usually yes. Send written notices to the last known address first, then hold the inquiry even if he does not turn up. See absconding for how such absences are treated at settlement.

Does a sexual harassment complaint go through a domestic enquiry?

No, it goes to the Internal Committee, which has its own procedure, and the employer then acts on the committee’s report.

Can a lawyer appear for the worker?

Only as far as your standing orders or the inquiry procedure permit; most limit it to a co-worker or union representative.

The wider framework is in disciplinary action and misconduct and our misconduct and domestic inquiry guide.