COURSE 2 (2in1 package) Handling Claims for Constructive Dismissal Effectively

18 Apr, 2017, Furama Hotel Kuala Lumpur

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KAVITHA GUNA SEGARAN
Bachelor of Jurisprudence (Hons) Malaya, CLP
Advocate & Solicitor, High Court of Malaya 2001

 

Kavitha has accumulated experience in handling both local and foreign employees as well employees’ trade union of various industrial sectors on a wide range of both individual and collective disputes including statutory employment rights and obligations, employee performance, disciplinary action, union recognition issues, collective bargaining, non-compliance of collective agreements and dismissals. She also represented her clients in disputes before the Labour Court, Industrial Court as well as the Superior Courts of Malaysia with cases won duly reported in the Industrial Law Reports and Current Law Journals.

 

Her significant experience includes:-

  • Advising corporate organizations on dispute settlements, corporate reorganising exercise such as retrenchments schemes and voluntary retrenchment schemes, conducting domestic inquiry proceedings and rendering advice on general misconduct issues.
  • Appointed by a national trade union to resolve union
    recognition issues. From her experience gained especially on employees’ rights and obligations,
    Kavitha is able to provide insightful and practical advice and strategies for corporate organizations on disputes in the arena of employer-employee relationships.

Venue Details

Furama Hotel Kuala Lumpur
136, Jalan Changkat Thambi Dollah, 55100 Kuala Lumpur, - 55100
Phone : (603) 2788 8888
Fax : (603) 2788 8889

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2-in-1package
Both Courses Are Led By A Practising Lawyer
FOCUSING ON
  • Module 1 - Definition Of Constructive Dismissal
  • Module 2 - Fundamental Terms Of Employment Contract
  • Module 3 - Burden Of Proof & Time Frame
  • Module 4 - Grounds For Constructive Dismissal
  • Module 5 - Responding To A Claim Of Constructive Dismissal?
  • Module 6- Industrial Court Decisions On Constructive Dismissal
OVERVIEW

Many employers are surprised and even not prepared when an employee claims that he or she has been constructively dismissed by the Company. The law on constructive dismissal is rather complex and most often the employer is not equipped to handle such matters when faced with the same.

 

For instance, an employee may write to an employer complaining or demanding certain actions to be taken that goes to the root of the employment contract, failing which, he may consider himself constructively dismissed.

 

Such letter if not being responded to may be detrimental to the employer in that, the employer may be accused of agreeing with the employee’s assertions that he has been constructively dismissed.


METHODOLOGY
  • This is a highly interactive course, whereby participants are to gain the learning points through actual cases of constructive dismissal as reported in the law reports.
WHO SHOULD ATTEND
  • HR & Employment Managers
  • HR Consultants
  • Heads of Department
  • Managers
  • Executives
  • Supervisors
  • All personnel who need to supervise and manage subordinates
 
WHAT DO YOUR COLLEAGUES SAY ABOUT THE COURSE LEADER...
  • “Course Leader professionally handed down her knowledge to the participants.”
    Kris Liew, HR & Admin Manager
    YTL Communications Sdn Bhd
  • “The Trainer was very friendly and knowledgeable.”
    Noormah Wati bt Redzuan, HR Officer
    TAIYO Technology (M) Sdn Bhd
  • “Penceramah mempunyai pengetahuan yang luas dalam subjek ini dan banyak membantu peserta memahaminya dengan lebih mendalam.”
    Noor Mohamad Zaimie bin Zainal Azam
    Asst. Manager Admin, RISDA
  • “Course Leader increased my knowledge of the proper ways of handling misconduct and frame charges.”
    Nurul Khairunnisa, Supervisor
    Yamaha Electronics Manufacturing (M) Sdn Bhd
COURSE CONTENT
9:00 Module 1 - DEFINITION OF CONSTRUCTIVE DISMISSAL
  • Meaning of constructive dismissal
  • The test for constructive dismissal- “the contract test”
  • When can an employee resign and yet claim constructive dismissal
  Module 2 - FUNDAMENTAL TERMS OF EMPLOYMENT CONTRACT
  • What are express terms?
  • What are implied terms?
10:00 Module 3 - BURDEN OF PROOF & TIME FRAME
  • Who bears the burden of proving the claim of constructive dismissal?
  • The length of time in making a claim for constructive dismissal is a crucial factor
  Module 4 - GROUNDS FOR CONSTRUCTIVE DISMISSAL
  • Non- payment of wages
  • Demotion
  • Unilateral reduction of wages
  • Removal / substantial reduction of employee’s job functions
  • Reassignment or transfer to a position outside the scope of the employee’s employment
  • Substantial reduction of benefits
  • Deny of access to the workplace or use of office equipment such as computer
  • Transfer to a different location
  • Failure to implement reinstatement agreement
  • Failure to take action on safety workers
  • Humiliation or intentional embarrassment of employee
  • Sexual harassment
1:00 Lunch

2:00 Module 5 - RESPONDING TO A CLAIM OF CONSTRUCTIVE DISMISSAL?
  • Should the employer respond to the employee’s claim for constructive dismissal?
  • If so, when should the employer respond to the same
  • Group Exercise – Drafting a response to the employee’s allegation of constructive dismissal
3:15 Module 6 - INDUSTRIAL COURT DECISIONS ON CONSTRUCTIVE DISMISSAL
  • Claims of constructive dismissal and the Industrial Court
  • Case studies on decisions by the Industrial Court on constructive dismissal
4:30 Q&A Session
 
5:00 End of course