Industrial Law: Disciplinary & Termination Process

Program Overview

Managing employee discipline and termination is one of the most sensitive responsibilities within Human Resource management. In Malaysia, employers must ensure that all disciplinary actions and termination decisions are conducted in accordance with the Employment Act 1955, Industrial Relations Act 1967, and relevant case law precedents established by the Industrial Court of Malaysia.

Failure to follow proper procedures may expose organizations to wrongful dismissal claims, reinstatement orders, compensation awards, and reputational damage.

This two-day seminar provides Senior HR and Administrative professionals with comprehensive knowledge on disciplinary procedures, documentation standards, domestic inquiry processes, and lawful termination practices under Malaysian Industrial Law.

Participants will learn the correct steps in handling employee misconduct, conducting fair investigations, preparing disciplinary documentation, and managing termination cases while ensuring compliance with Malaysian labour legislation and Industrial Court principles.

The program will also highlight common mistakes made by employers in disciplinary processes and provide practical guidance on managing difficult employee cases professionally and lawfully.

Learning Outcomes

At the end of the seminar, participants will be able to:

Understand the legal framework governing disciplinary actions under Malaysian employment laws.
Apply proper disciplinary procedures before taking action against employees.
Prepare legally compliant documentation including show cause letters and warning letters
Conduct domestic inquiries in accordance with principles of natural justice
Identify different forms of employee misconduct and the appropriate disciplinary responses.
Implement lawful termination procedures while minimizing legal risk
Handle misconduct, poor performance, and absenteeism cases effectively
Ensure disciplinary decisions comply with Industrial Court standards

Learning Methodologies

The seminar adopts practical and experiential learning methods:

Interactive lectures on Malaysian employment law
Industrial Court case study discussions
Group discussions on disciplinary scenarios
Documentation drafting workshops
Domestic inquiry simulations
Practical problem-solving exercises
Expert Q&A sessions

Features

Date

July - October 2026
Time

8:30 Am – 6:00 Pm
Duration

2 Days
Venue

ASK-HRD Academy, Kuala Lumpur
Inclusion

• 16 hours intensive seminar

• 2 Lunch + 4 Coffee Breaks

• HRDCorp Certified Trainer

• Training Material

• EA1955 Handbook (subject to stock availability)

• Cert of Attendance.

Who Should Attend

Senior HR Leaders
HR Managers
Admin Managers
Industrial Relations Officers

Entry Fee

RM1950.00 per person (West Malaysia)
RM2150.00 per person (Sabah & Sarawak)

(fully HRDCorp SBL Khas Claimable)

DOWNLOAD BROCHURE

EMAIL US

WHATSAPP US

Itinerary

Day 1 – Disciplinary Management & Industrial Law Principles

9:00 – 9:30 AM | Introduction to Malaysian Industrial Law Framework

Overview of Malaysian labour laws governing employment discipline and termination.

Topics Covered:

- - Employment Act 1955
  - Industrial Relations Act 1967
  - Role of the Industrial Court
  - Principles of natural justice
  - Employer’s duty to conduct fair disciplinary procedures

9:30 – 10:45 AM | Understanding Employee Misconduct

Topics Covered:

- - Definition of misconduct under Malaysian law
  - Minor vs major misconduct
  - Examples of workplace misconduct
  - Employer rights and responsibilities
  - Company disciplinary policies and code of conduct

Case Discussion: Common misconduct cases in Malaysian workplaces.

10:45 – 11:00 AM | Morning Break

11:00 – 12:30 PM | Disciplinary Procedures & Due Process

Topics Covered:

- - Importance of progressive discipline
  - Investigation procedures
  - Gathering evidence and witness statements
  - Ensuring fairness in disciplinary actions
  - Documentation standards for disciplinary cases

Practical Exercise: Reviewing disciplinary case scenarios.

12:30 – 1:30 PM | Lunch Break

1:30 – 3:00 PM | Documentation & Paperwork in Disciplinary Actions

Topics Covered:

- - Drafting Show Cause Letters
  - Preparing Warning Letters
  - Suspension pending investigation
  - Investigation reports
  - Documentation required before domestic inquiry

Practical Workshop: Preparing disciplinary documents.

3:00 – 3:15 PM | Afternoon Break

3:15 – 5:00 PM | Domestic Inquiry Procedures

Topics Covered:

- - Purpose of domestic inquiry
  - When a domestic inquiry is required
  - Appointment of inquiry panel
  - Conducting a fair hearing
  - Employee representation rights
  - Recording inquiry proceedings

Simulation Exercise: | Mock domestic inquiry process.

Day 2 – Termination of Employment Under Malaysian Law

9:00 – 9:30 AM | Recap & Key Legal Considerations

Review of disciplinary principles and compliance obligations.

9:30 – 11:00 AM | Lawful Termination of Employment

Topics Covered:

- - Termination with just cause and excuse
  - Dismissal for misconduct
  - Termination for poor performance
  - Termination during probation
  - Constructive dismissal risks

Legal Case Studies: Industrial Court rulings on wrongful dismissal.

11:00 – 11:15 AM | Morning Break

11:15 – 12:45 PM | Managing Poor Performance & Absenteeism

Topics Covered:

- - Performance management procedures
  - Performance improvement plans (PIP)
  - Handling habitual absenteeism
  - Documentation before termination

Case Discussion: Handling long-term performance issues.

12:45 – 1:45 PM | Lunch Break

1:45 – 3:15 PM | Termination Documentation & Exit Procedures

Topics Covered:

- - Preparing termination letters
  - Notice periods and payment in lieu
  - Final settlement procedures
  - Managing exit interviews
  - Preventing post-termination disputes

Workshop: Drafting termination documentation.

3:15 – 3:30 PM | Afternoon Break

3:30 – 4:45 PM | Avoiding Wrongful Dismissal Claims

Topics Covered:

- - Common employer mistakes in disciplinary cases
  - Industrial Court standards of fairness
  - Handling employee appeals
  - Risk mitigation strategies

Discussion: Recent Malaysian Industrial Court cases.

4:45 – 6.00 PM | Program Conclusion & Q&A

Participants summarize key lessons and discuss implementation in their organizations

Industrial Law: Disciplinary & Termination Process

Program Overview

Learning Outcomes

Learning Methodologies

Hi ✋