HR Domestic Inquiry

1 Day
8 Modules

HR Domestic Inquiry & Grievances Management

OVERVIEW

Effective human resource management is more vital today as businesses are venturing into the borderless world. Line managers i.e. operations managers, and 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 have the responsibilities of personnel-related activities. This makes the role of line managers even more challenging. Human resource managers normally act in an advisory capacity, working with other managers regarding human resource matters.

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

Establishing a day-to-day relationship 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 is essential for all managers so as to reduce legal exposures.

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

This training content incorporates interactive presentations to impart knowledge, followed by discussions to encourage participant engagement. Small group activities promote collaboration and practical application of concepts, while real-life workplace scenarios are used for problem-solving, ensuring an immersive and effective learning experience.

MODULE 1:

Scope of Employment Law Under EA 1955 & Sabah/Sarawak Labour Ordinances and 2019 UPDATES
- 2023 UPDATES on Scope
- 2023 UPDATE on the 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 Latecomers/Insubordination and Disobedience
- How to prove Misconduct at different stages of the 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 Dismissals
- What must be included in a 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 the contract to terminate
- When does it apply?
- Circumstances where the contract is said to be frustrating
- Is Termination Benefits payable in cases of Frustration?
- Can an employee 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 unions

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: