What Happens At A Domestic Inquiry
An internal hearing has a structure worth knowing before you walk into one.
What Actually Happens At A Domestic Inquiry?
A domestic inquiry is an internal company hearing into alleged misconduct, and it usually follows a fairly consistent structure.
Someone presents the allegation and any supporting evidence, you are given a chance to respond, and a panel or chairperson records what was said.
It is not a court hearing, but a fair inquiry still expects you to be told the allegation clearly and given a genuine chance to respond to it.
Whatever the inquiry concludes, the employer still carries the burden of proving just cause if a dismissal follows and is later challenged 1.
What Usually Happens Step By Step
The process typically opens with the allegation being read out or presented, followed by any evidence the employer wants to rely on.
You are then given an opportunity to respond, ask questions, or present your own account of events.
Some employers allow a colleague or representative to accompany you, though this varies, so check your own company’s policy in advance.
A decision usually follows some time after the inquiry, rather than being announced immediately at the end of the hearing.
How To Prepare Before Yours
Write down your own account of events clearly, in order, before the inquiry takes place.
Gather any documents, messages, or records that support your version, and organise them so they are easy to refer to.
Read about what happens if no inquiry was held at all if that is closer to your situation.
An employment lawyer can help you prepare, and you can confirm your later filing deadline with a deadline calculator if a dismissal follows 2.
It can also help to ask beforehand roughly how long the inquiry is expected to take, and whether a decision will follow immediately or after some time.
Knowing this in advance reduces the anxiety of waiting for a result with no sense of the likely timeline.
If English is not the language you are most comfortable in, ask whether the proceedings can be conducted, or at least explained, in a language you understand fully.
Being able to follow every part of the hearing clearly matters more than getting through it quickly.
Feeling nervous about an inquiry is entirely normal.
Clear preparation is the most reliable way to steady those nerves.
Understanding the format in advance is often half the preparation.
Preparing what you want to say and gathering your own documents before the inquiry is something an employment lawyer can help you think through.
Common questions
Can I bring someone with me to the inquiry?
Practice varies by employer, so check your company's own policy or ask in writing beforehand. Being told you cannot bring anyone is worth noting, since it can factor into how fair the overall process looked.
Who usually runs the inquiry?
It is typically chaired by someone from within the company, sometimes with a panel, rather than an outside party. The person presenting the allegation is usually different from the person chairing, though this varies between employers.
What if I disagree with how the inquiry was run?
Note your specific concerns in writing as soon as possible afterward, while the details are fresh. This becomes useful evidence if you later need to challenge the fairness of the overall process.
Does the outcome of the inquiry decide everything?
The inquiry's finding usually feeds into the employer's final decision, but it does not remove your ability to challenge an unfair dismissal afterward if one follows. The two are separate steps in the overall picture.
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
Preparing what you want to say and gathering your own documents before the inquiry is something an employment lawyer can help you think through.