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Minutes of Domestic Inquiry

MINUTES OF THE DOMESTIC INQUIRY INTO THE ALLEGATION OF MISCONDUCT


COMMITTED (ni aku ikut fifah) BY MR. HAZAMIL BIN ALIPLAILA CONDUCTED ON 1ST
DECEMBER 2016 AT 10.00 AM AT MANIAMS STEEL FACTORY CONFERENCE ROOM

PRESENT
Panel

Masturah Binti Abd. Razak (Chairman)


Adam (Panel Member)
Adlina (Panel Member)

Accused Employee

Hazamil Bin Aliplaila

Secretary

Hafizah Binti Mohd Hairi Tan

Presenting Officer

Afifah Binti Alias

Company Witnesses

1. Muhamad Asri Bin Roslan, General Worker


2. Ain Syafiqqa Binti Ismail, Factory Supervisor

CHARGE
That you have been charge regarding fraud and misconduct which is Mr. Hazamil has cut his
finger in Maniams Steel Factory about 11.17 pm on 13 June 2016 to get compensation from his
company.

The inquiry commenced at 10 am with Masturah identifying all present and explaining that the
inquiry would be conducted in Bahasa Malaysia as all present are conversant in Bahasa
Malaysia.

Masturah informed all present that the inquiry would continue until 12.00 pm when we would
break for lunch and continued at 2.00 pm. She then explained the procedure that would be
adopted during the inquiry.

Masturah further explained that she would be recording the evidence and requested that
everyone who speaks does so clearly and slowly.

Chairman (Mas)

: Hazamil, did you receive any notice of this inquiry?

Offenders (Hazamil) : Yes


Chairman (Mas)

: Do you understand the charges against you?

Offenders (Hazamil) : Yes, I understand.


Chairman (Mas)

: Do you plead guilty to this charge?

Offenders (Hazamil) : No. I plead not guilty


Chairman (mas)

: Did you bring any evidence/proof or someone as a witness?

Offenders (Hazamil) : No.


(Since the accused has pleaded not guilty, Afifah was requested to present the companys case.
Afifah informed that the company would be calling 2 witnesses and proceeded to call the 1st
witness).

Co. W1 (Mr. Asri, General Worker)


Officer (Afifah)

: Asri bin Roslan, how long have you worked at this company?

1st witness (Asri)

: I have worked in this company for 5 years.

Officer (Afifah)

: Ok. On 13/06/2016, 11:17 pm, are you at an incident place?

1st witness (Asri)

: Yes. Im at the incident place.

Officer (Afifah)

: Ok, did something unusual happen on that time?

1st Witness (Asri)

: On the day of the incident, I have switched shifts with Ahmad because it
cannot work at that time. That night I has been come to work at
when I was walking; I saw Hazamil was hurting his own hand.
have recorded the incident using my mobile phone. After
been told my supervisor about this matter by gave her

11 pm,
Then, I
that I have
this video.
Officer (Afifah)

: Ok. Before this, did you meet with offender or did he tell you anything?

1st witness (Asri)

: Yes.

Officer (afifah)

: Ok. Can you tell us what happened?

1st witness (Asri)


he is
this
I am on

: A few days before the incident, on the dated 9.6.16, Hazamil has been
told me that he has no money to help his family. I have heard that
in a poor family. He has told me that he wants to do this, about
incident. I do not expect that Hazamil did this thing. Coincidence
the scene that night. I have recorded the incident.

Officer (Afifah)

: Ok, that's all from me, thanks

1st witness (Asri)

: Welcome

Co.W2 (Ms. Ain syaffiqah, Factory Supervisor)


Officer (Afifah)

: Ain Syafiqqa Binti Ismail, do I know how long did you become a
supervisor at this company?

2nd witness (Ain)

: I have worked in this company for 8 years.

Officer (Afifah)

: Ain Syafiqqa, can you tell me about the accident that happened last
year?

2nd witnesses (Ain) : Last year, there has been an accident at the factory which cause
Hazamil lost his little finger. The incident occurred while he was working
in the factory. From the incident happen, Hazamil have got
compensation from company about RM25, 000.
Officer (Afifah)

: Did you receive any solid evidence for the case that happened before?

2nd witness (Ain)

: You mean the incident that happens lately?

Officer (Afifah)

: Yes.

2nd witness (Ain)

: My employee, Asri has showed me a video that recorded Hazamil is


hurting him-self. Thats the video that I have received.

Officer (Afifah)

: Ok. Did you see any changes happen to your employee, Hazamil?

2nd witness (Ain)

: Hazamil, before this happened, his seems like a little bit depressed,
seems like he do not have mood to go to work, sit alone. So, I
maybe he's got a problem. But he never tells me what problem

think
he faced.

Evidence from the witness, Ain Syaffiqa


Officer (Afifah)

: Ma'am, allow me to show the video as evidence the alleged incident

Chairman (Mas)

: Sure.

Re-examined by Company Representative


Officer (Afifah)

: Is this the video that have you stated before as a proof/evidence?

2nd Witness (Ain)

: Yes, this is the video that I have watched which Asri have given me
before.

Officer (Afifah)

: Ok. Thats all. Thank you.

Cross-examined by Mr. Hazamil


Officer (Afifah)

: At the incident time, what is equipment that you used?

Accused (Hazamil) : I do my work using a cutting tool that provided by my company.


Officer (Afifah)

: Do you intend to injure yourself?

Accused (Hazamil) : Oh, that impossible.


Officer (Afifah)

: Ok. On the night of the incident, were you alone or if there is another
colleague with you?

Accused (Hazamil) : I know on that night I was alone. Because I notice that Ahmad are
not came for night shift. So I think maybe Im alone on that night.
Officer (Afifah)

: Ok, can I know, what is your relationship between the first witnesses and
the second witness?

Offenders (Hazamil) : Oh, the first witnesses is Muhamad Asri, he is my good friend. I've
known him for a long time in this company. The second witness
is
my supervisor at this company, in my department.
Officer (Afifah)

: Ok. No question. Thank you.

(nak tulis ape ek? perbualan tertuduh dgn saksi 1?)


Accused (Hazamil) : How can you are in there at that night?
1st witness (Asri)
place at that

: Hazamil actually, I've swapped shifts with Ahmad. Ahmad cannot work
at that night, he have family matters. So, I have replaced his
night.

Accused (Hazamil) : Do you have any evidence/proof to accuse me?


1st witness (Asri)

: I have the evidence because I already recorded. When I got near the
door, I saw you cut your hand, so that, I have recorded.

Accused (Hazamil) : It is impossible to me to hurting my own self. Are you crazy?


1st witness (Asri)

: But, dont you remember, you have told me when were at canteen, that
you dont have money and youre going to do that.

Accused (Hazamil) : How could you do this to me?


1st witness (Asri)
Dont

: This is not about could or not Hazamil. This is legal problems. If your
action is not right, I need to inform, report it to the management.
you understand?

Court Decision
Chairman (Mas)
11:17
area,
this,
at

: With this, Hazamil Bin Aliplaila, No identity card 90120114542 has


been punished based on their count of fraud and misconduct in
pm, Thursday, 13/06/2016 at Maniams steel factory, industrial
Shah Alam, under section 20 industrial relation acts, 1967. With
court has agreed to punish you by stop your service as a worker
Maniams steel factory immediately. Thats all.

Secretary (Hafizah) : After being sentenced, court disbanded.

The inquiry came to an end at 11.45 am.

Recorded by

Hafizah
(Secretary)

MASTURAH BINTI ABD. RAZAK

ADAM

ADLINA

MASTURAH

ADAM

ADLINA

(Chairman)

(Panel Member)

(Panel Member)

Date:

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