Minutes of the Domestic Inquiry Into the Allegation

MINUTES OF THE DOMESTIC INQUIRY INTO THE ALLEGATION

OF MISCONDUCT COMMITTEDBY MR ROWDY THALAVETI

CONDUCTED ON 30 SEPTEMBER 20XXAT 10.30 AM AT THE

COMPANY’S CONFERENCE ROOM

PRESENT

Panel:Joanna (Chairman)

Linda (Panel Member)

Siti (Panel Member)

Accused Employee:Rowdy Thalaveti

Secretary:Mellisa

Presenting Officer:David

Company Witnesses:1.Mr Loony, Factory Manager

2. Mr Meganathan, Machine Operator

3. Mr. Razak, General Worker

CHARGE

That you have deliberately hit another company employee, Mr Razak, with a wooden stick near the Main Switchboard in the factory at about 3.30 pm on 16 September, 2002.

The inquiry commenced at 10.30 am with Joanna identifying all present and explaining that the inquiry would be conducted in English as Rowdy is conversant in English. However, it was explained by Joanna that witnesses who do not understand English would be allowed to speak in Bahasa Malaysia and that the Bangladeshi worker would be provided with an interpreter.

Joanna informed all present that the inquiry would continue until 12.30pm when we would break for lunch and continue at 2.00pm. She then explained the procedure that would be adopted during the inquiry.

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

Joanna:Rowdy, have you received this notice of inquiry?

Rowdy:Yes.

Joanna:Do you understand the charge against you?

Rowdy:Yes.

Joanna:How do you plead? Guilty or not guilty to the charge?

Rowdy:Not guilty.

Joanna:Do you wish to call any witnesses?

Rowdy:No.

(Since the accused has pleaded not guilty, David was requested to present the company’s case. David informed that the company would be calling 3 witnesses and proceeded to call the 1st witness).

Co.W1(Mr Loony, Factory Manager)

David:How long have you been in the company?

Loony:11 years.

David:On the 16 September were you at work?

Loony:Yes.

David:Did anything unusual happen that day?

Loony:At about 3.35 pm on that day, a Bangladeshi worker, Razak informed me that he was hit by Rowdy. He took me to one corner, pulled down his pants to show me his left leg. I saw that his left thigh was red in colour. I took him to the finger joint machine and saw Rowdy there. Rowdy told me that Razak was meddling with the switchboard and they had an argument. Razak told me that he was instructed by Mega (machine operator) to check the switchboard as the machine had stopped. He opened the switchboard and switched off the isolator switch and then pressed the reset button. I then asked Mega whether he instructed Razak to do so and he said yes.

I also told Razak that it was dangerous to meddle with switchboard. He said he was instructed by Mega and that he would not do it again but asked why Rowdy hit him. Rowdy said that if there is any electrical fault, he should be called. I asked Rowdy why he hit Razak. He told me that Razak has done it before and he had warned him. He observed that he always meddled with the switchboard and said “This Bangladeshi cannot learn despite warning. The only way to teach him was to hit him”. (the word “hantam” was used not “hit”).

I then proceeded to the office to write a report on what happened.

David:Has this sort of electrical switch problem occurred before?

Loony:Yes, it depends on whether it is a minor or major problem. When switches trip and if it is a simple problem, the operator will know what to do. If it is a major problem, the technician will be called.

David:How many technicians do you have?

Loony:Two. Rowdy is the senior technician. The other one is junior.

Cross-examined by Rowdy

Rowdy:That day did I not ask you if there is a short circuit and he had died what will happen?

Loony:You did say “if he is electrocuted how” I did agree that electricity is dangerous.

Rowdy:Did he say his leg was bleeding?

Loony:He did not tell me. He very quickly pulled down his pants and I saw that it was red. I asked what happened and he said Rowdy hantam.

Rowdy:When he came to the office, how was he walking?

Loony:Normal.

Rowdy:When he told you that I hit him, was he scared?

Loony:No, he appeared angry.

Joanna:Any more questions?

Rowdy:That’s all.

Re-examined by Company Representative

David:Did he go to the clinic or hospital?

Loony:He was sent to the clinic by the Section Head, Bala.

David:What did you know of the result?

Loony:I was informed that the doctor mentioned that this could be the result of an assault and advised Razak to lodge a police report. After Rowdy gave us his reply to our show cause letter, I instructed the clerk the call the doctor. We asked the doctor whether Razak was suffering from any electric shock and he confirmed that there was no symptoms of electric shock.

David:When you saw Razak, did he appear to have electric shock?

Loony:From my knowledge, I don’t think so. I have suffered from electric shock before but Razak did not appear to have suffered any electric shock. He actually continued working overtime later in the day and the next day he was limping. I noticed him limping even from where he could not have seen me.

David:Did he tell you how he was hit?

Loony:He told me he was hit with a “kayu”.

David:Does Razak speak English?

Loony:He speaks only broken Malay.

(At this juncture Rowdy wanted to ask a few questions and he was allowed to do so).

Further examined by Rowdy

Rowdy:You said you got confirmation from the doctor that there is no electric shock. When did you call the doctor?

Loony:I asked Ms Wong to check with the doctor on 24 Sept. and the doctor confirmed that there was no symptoms of electric shock.

Rowdy:How did the doctor check whether there is electric shock or not?

Loony:I wouldn’t know how the doctor knew there was no electric shock.

Rowdy:Which doctor checked him? Is it the panel doctor?

Loony:Yes. The doctor is from company panel, Klinik Jupiter.

Rowdy:The incident happened on 16 Sept. Why did you only call the doctor on 24 Sept.?

Loony:We only call him after we received your reply on Monday evening, 23 Sept.

Rowdy:The doctor said there is no symptom of electric shock?

Loony:Yes. The doctor confirmed no electric shock as Razak was sent for leg injury only. I was not sure whether there was any electric shock or not.

Joanna:Is there anything else you want to ask him.

Rowdy:No.

Co.W2 (Meganathan, Machine Operator)

Proceedings conducted in Tamil as Mega is not very conversant in Bahasa Malaysia. The evidence was then translated into English by David.

David:What is your name?

Mega:My name is Meganathan and I work as a machine operator.

David:How long have you been working here?

Mega:Ten years.

David:Do you remember what happened on 16 September?

Mega:At about 3.30 pm, I noticed that the machine stopped running, I told Razak to go and check the switchboard. I advised him to press the reset button. I don’t know what he did.

David:Do you normally do this?

Mega:Normally if the stoppage is minor, I would press the reset button to restart the machine. If it is a serious problem, I would inform Rowdy, the technician.

Cross examined by Rowdy

Rowdy:Did you tell Razak to check the switchboard or meddle with it?

Mega:I only told him to go and look at the switch.

Rowdy:Do you always go and press the button at the switchboard?

Mega:If I am present I tell him to go. If not, he does it himself. On that day only the hydraulic pump worked. The rest of the machine did not. Even after he meddled with the switch, only the hydraulic pump was working. Later I went and pressed the reset button, the machine started working.

Co.W3 (Razak)

The evidence from the victim, Razak, was obtained through an interpreter, another Bangladeshi worker, Jamal, in Malay.

David:What is your name?

Razak:Razak

David:How long have you been working here?

Razak:Three years.

David:What is your work?

Razak:General worker at finger joint machine.

David:On 16 September at about 3.30 pm what happened?

Razak:The machine was not working and Mega told me to go and press the restart button at the switchboard. Rowdy came with a stick and hit me three times on my leg.

David:Was the stick big or small?

Razak:About 2 inches thick and about 4 feet long.

David:After that what happened?

Razak:I complained to the Factory Manager and then I was taken to the clinic.

David:Were you bleeding?

Razak:There was a little bit of blood.

David:Have you recovered now?

Razak:Yes.

Cross examined by Rowdy

Rowdy:On 16 September, did you off the switch?

Razak:I switched off the switch and switched it on again and was about to walk back to my workplace when Rowdy hit me.

Rowdy:Where were you hit?

Razak:2-3 times on my leg near the switchboard. I was about two feet from the switchboard.

Rowdy:Did anybody see?

Razak:Azam saw you hit me and Manik saw you hit me the second time.

Rowdy:How did you know that the two persons saw the incident?

Razak:They said so.

Rowdy:What are you doing at the switchboard?

Razak:I turned off the switch and then turned it on again and the machine was running. I then walked away.

Rowdy:I do not have any more questions.

Re-examined by David

David:Did you see Azam and Manik?

Razak:No. I did not see them during the incident.

David:Before this incident, have you been to the switchboard to press the switches?

Razak:I have done this once before when Mega asked me to. I never do it on my own.

Evidence from the accused, Rowdy

Rowdy:On 16.9.2002 at about 3.30 pm, when I passed by the machine, I saw Mega meddling with the machine. One indicator light on the machine was on and the other two lights were off. I then went to the back and I saw Razak doing something at the switchboard. I don’t know what he was doing but I saw his hands were stuck. He could not pull out his hands and he was shaking. His face also changed colour. Then I tried to help him. I saw a stick nearby. I tried hitting his hands but could not because it was stuck inside the switchboard. I tried to push his leg with the stick but could not. I then switched off the main switch nearby and pulled him out. All this happened in a second. Then I scolded him and asked him why he meddled with the switchboard. He then thanked me for saving his life. He also told me not to report this matter to the office. Then we went back to work as normal.

Cross examined by Company Representative

David:What is the voltage on the switchboard?

Rowdy:The voltage is 240V.

David:What do you think happened? Why was his hand stuck?

Rowdy:I do not know why his hands were stuck.

David:Was there any leakage?

Rowdy:There was no leakage in the switchboard.

David:How do you think a person can get electrocuted there?

Rowdy:Only through a leakage. He could have been hit because he did not switch off the main switch.

David:Normally what do you do when a machine stops?

Rowdy:Switch off the main switch.

David:Was that unit/machine faulty?

Rowdy:The unit was not faulty. The switch can trip if there is an overload.

David:You were asking Mega about the hydraulic pump. What is that?

Rowdy:If the main switch had been switched off, the hydraulic pump would also not be working.

David:Do the other operators switch off or on the switch at the switchboard?

Rowdy:I have trained the machine operators to handle this but not Razak.

David:What is Razak?

Rowdy:Razak is only a general worker.

David:Did you actually hit him?

Rowdy:No. I did not hit him.

David:He said you hit him three times.

Rowdy:I think his Section Head told him to make a report.

David:Do other Bangladeshi workers or general workers meddle with switchboard?

Rowdy:Others don’t but this Bangladeshi do. I warned him three times already.

David:No further questions.

Rowdy requested if he could ask Co.W1, Loony, one more question. He was allowed to do so.

Rowdy:You saw his leg?

Loony:He showed his thigh above the left knee, where there was a red patch.

The inquiry came to an end at 11.45 am.

Recorded by

______

Mellisa

(Secretary)

JOANNALINDA SITI

______JOANNA LINDA SITI

(Chairman)(Panel Member) (Panel Member)

______

Rowdy Thalaveti

(Accused Employee)

Date : ______

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