HR Dismissal & Misconduct

1 Day
8 Modules

HR Dismissal & Misconduct Workshop

OVERVIEW

Effective human resource management is more vital today as businesses are venturing into the borderless world. Line managers i.e. operations managers, department/section heads, are in charge of accomplishing the basic goals of the organization. Basically, managers get things done through the efforts of others. Managers too, have the responsibilities of personnel-related activities. This makes the role of line managers even challenging. Human resource managers normally act in advisory capacity, working with other managers regarding human resource matters.

Exactly what personnel management activities are carried out by line managers?

Establishing day-to-day relationships of mutual respect and trust with subordinates, applying labour laws and labour contracts consistently, handling grievances, discipline etc. Therefore, the knowledge of salient labour regulations are essential for all managers so as to reduce legal exposures.

This one-day course offers in respect of the industrial relation perspective introduction to key issues in Malaysian employment law and provides practical guidance on employment issues. At the end of this programme, participants will be able to apply the relevant provisions in the labour legislations in handling employee relations.

LEARNING OUTCOME

After completing this course, participants will be able to:

Understand the general requirements of the Labour Laws of Malaysia and its relative application at work.
implement the right processes and procedures covering the crucial areas: Hiring; Managing Human Resources; Effective Deployment; Setting of KPIs, Consequence Management [Management of Disciplinary Issues; Correspondence; Domestic Inquiry; Termination Process and Legal claims by Dismissed Employees].
reduce the risk of wrong Human Resource Management Practices by the Management/Organization.

LEARNING METHODOLOGY

The methodology for this program is designed to be highly engaging and practical, cater to various learning styles. It comprises the following components such as:

Interactive Presentation.
Discussions.
Small Group Activities.
Problem Solving.
Reflective Exercises.

By combining interactive presentations, group discussions, small group activities, and real-life problem solving, this learning methodology ensures a comprehensive and immersive learning experience, allowing participants to acquire and apply NLP principles effectively.

MODULE 1:

Scope of Employment Law Under EA 1955 & Sabah/Sarawak Labour Ordinances and 2019 UPDATES
- 2022 UPDATES on Scope
- 2022 UPDATE on Definition of an Employee end
- Case studies to distinguish employee and Independent Contractor

MODULE 2:

Understand the different Contracts of employees
- Contract for Service
- Contract of Service
- Probation Contract
- Fixed term contract

2022 UPDATE
2022 New Anti-Discrimination Laws
2022 Guidelines on Job Vacancy Advertisements /Job Carnivals and more..

MODULE 3:

Handling Misconduct and the relevant Disciplinary Procedures
- Different strategies for Discipline
- Understanding the 3 different types of Absenteeism and the different procedures used.
- Understanding Malingerer/Tardiness/Habitual Late comers/Insubordination and Disobedience.
- How to prove Misconduct at different stages of Termination process

MODULE 4:

Effective Warnings and Notice Periods both contractual and Statutory
- PILON – An implied Right of the Employee
- PILON and Industrial Court Powers – An Employer’s Dilemma?
- Understand what is statutory. Notice period and when to compensate.
- Case studies

MODULE 5:

Law and Practice on Poor Performance under EA 1955 /SSLOs and Industrial Relations Act 1967
- The Law and Process on Poor Performance
- Guidelines on Disciplinary Action for Unsatisfactory Performance
- Considerations in Performance-Related Dismissal
- What must be included in warning letter for Poor Performance
- What is a Performance Improvement Plan?
- Can Performance Improvement P be used to terminate Employees? -Guidelines for Employers/Managers

MODULE 6 :

Ending the Employment Relationship and Wrongful Dismissal
- Modes of Terminations
- Guidelines on Using the laws under Employment Act /Sabah and Sarawak Labour Ordinances effectively in Termination Process
- Automatic Termination – Fact or Fiction?
- Using the Doctrine of Frustration of contract to terminate–
- When does it apply
- Circumstances where contract is said to be frustrated
- Is Termination Benefits payable in cases of Frustration?Can employees make a claim for Unfair Dismissal in cases of Frustration?

MODULE 7 :

Updates on Industrial Court Act 1967
- Industrial Relations (Amendment) Act 2019

Representation during Conciliation Meetings for Unfair Dismissal Claims
Referral of Unfair Dismissal Claims to Court
Additional powers are given to the Industrial Court
Appeal against an award to the High Court
Increased Penalties for non-compliance
changes relating to the provisions on trade union

MODULE 8 :

Conducting a Proper Domestic Inquiry
- Writing Proper Letters for Suspension/Warning and Dismissal
- Statutory Provisions on Discipline [with details]
- Drafting Charge sheet [Process details]
- Domestic Inquiry Panel
- Drafting the documentation including how to draft DI Panel Report for the Domestic Inquiry [ samples provided]
- Documents that are tendered as evidence.
- Role of Punishing Authority [details]
- Types of Punishment after Termination and Case studies

Note: