How to Use the Employment Law to Effectively Discipline & Terminate Errant Employees

17-18 Jul, 2017, Seri Pacific Hotel

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AMBIGAH KRISHNAN

 

LL.B (Hons) London, CLP (Malaysia), TESOL (Canada)

 

Ambigah Krishnan has 15 years of training and corporate experience on legal topics including civil litigation, employment matters, Mergers & Acquisition, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She is a PSMB licensed corporate trainer and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience

  • Ambigah Krishnan has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and
    government support staff and executives.
  • She has conducted courses for Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Tenancy laws and Procedure, Drafting Commercial Contracts and Terms, the Personal Data Protection Act 2010 which includes drafting of Consent letters for Employees, Customers/Vendors and Visitors as required under the Act which forms part of the Training and doing project management on Personal Data Protection implementation for Pro tem Committees, Entrepreneur seminars for fresh graduates and business community.
  • She has trained for the Federation of Manufacturers of Malaysia (FMM).
  • Involved in advice and drafting of Human Resource policy and procedures and published Human Resource Manual for the corporate sector.
  • Ambigah is also actively involved with her legal consultation especially in the corporate field.

 

Ambigah’s in-house and public courses include clients from, Ann Joo Bhd, BASF ,NIAM (Persatuan Insuran Kebangsaan Malaysia), Kementerian Kesihatan Malaysia, Bank Negara, BERNAS, MARA, Sime Darby, International Medical University, Monash University, Petronas Fertilizer (Kedah), Suruhanjaya Syarikat Malaysia, Ann Joo Steel, Penang Bridge Sdn. Bhd, Solectron, Bax Global, TM, Yan Jin (M), Cititel Penang, Evergreen Laurel Hotel, Government Teachers in various schools, Smart Modular, Kwong Wah Yit Poh Press Berhad, Vitrox Technologies, Staff of UITM, Dimerco Sdn. Bhd, G-Pile Sistem Sdn. Bhd, Masterskill (M) Sdn. Bhd, Subalipack (M) Sdn. Bhd, Mitsubishi Motors Malaysia Sdn. Bhd, Sumitomo Metals Sdn Bhd, Lembaga Koko, and other government agencies and many more.

Venue Details

Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur,
Phone : 03 4042 5555
Fax : 03 4043 8717

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • MANAGING EMPLOYEES - GENERAL EMPLOYMENT ISSUES
    - Overview
    - Types of Contracts
    - Payment of Wages
  • MANAGING EMPLOYEES - LAW AND PRACTICE ON MISCONDUCT
    - Discipline At the Workplace
    - Types of Misconduct
    - Innocent and Culpable Absenteeism
    - Other Forms of Absenteeism
    - Employee and Malingering
  • MANAGING EMPLOYEES - LAW AND PRACTICE ON POOR PERFORMANCE
    - Poor Performance
  • MANAGING EMPLOYEES - THE LAW ON TERMINATION
    - Termination of Employees
    - Termination for the Breach of Contract
INTRODUCTION

The main purpose of this course is to provide an understanding on how to use the Employment law to maintain discipline at the workforce and to conduct a Domestic Inquiry when a breach occurs under the law.

Sample HR letters for Domestic Inquiry Process
will be provided:
  • Report of Domestic Inquiry Format
  • Notice of Domestic Inquiry
  • Letter of First/ Second Warning – Template
  • Letter of Allegation [Pre –Domestic Inquiry]
  • Domestic – Chairman Role
  • Dismissal – Post Domestic Inquiry
  • Breach of Contract
  • Suspension - Post Domestic Inquiry
  • Suspension Letter
  • Charge Sheet
  • Termination
  • Sample dismissal or termination of employment letter
METHODOLOGY
  • Interactive Lectures
  • Discussion
  • Small group activities
  • Problem Solving using real life scenarios from the workplace.
WHO SHOULD ATTEND
The Management and Supervisors who intend to have an understanding of managing discipline at the workplace.
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB...
  1. Making your Employers know of their rights under the law, to avoid unnecessary and costly litigation.
  2. Understanding the probable causes of absenteeism and identifying strategies to find long term solutions to absenteeism.
  3. Communicating rules to employees and subordinates.
  4. Obtaining effective efficiency from the workforce at all levels of the organization.
  5. Learning what are the proper procedures to terminate an employee.
  6. Being able to make sure that the termination procedure was fair.
  7. Being able to draft the relevant letters at the pertinent stages.
  8. Understanding when to terminate the employee
  9. Being able to understand the various stages and procedure of the Domestic Inquiry.
 
DAY 1
9:00 MANAGING EMPLOYEES - GENERAL EMPLOYMENT ISSUES

[A] Overview

  • Understanding the Employment Act
  • The Employment (Amendment) Act 2012 and the relevant provisions
  • Rights of Employees
  • Obligations of Employer

[B] Types of Contracts

  • Contract for Service
  • Contract of Service
  • Apprenticeship Contract

[C] Payment of Wages

  • Wage Period including amendments under 2012 Act
  • Time of payment of Wages
  • Payment on normal termination of contract
  • Payment on termination of contract in special circumstances and on breach of contract.
  • Advances on Payment under Employment Law amendments Act 2012
  • Lawful deductions
1:00 Lunch

2:00 MANAGING EMPLOYEES - LAW AND PRACTICE ON MISCONDUCT

[A] Discipline at the Workplace

  • Why are Disciplinary Rules and Procedures necessary?
  • Disciplinary Action for Misconduct
  • Important rules regarding workplace Discipline

[B] Types of Misconduct

  • Absence without leave
  • Tardiness
  • Late-comers
  • Poor performance
  • Insubordination
  • Disobedience

[C] Innocent and Culpable Absenteeism

  • How to identify Excessive Absenteeism?
  • How to manage Attendance or absenteeism records
  • Absenteeism Policies
  • Proceedings against an Employee for Absenteeism
  • Procedure for innocent Absenteeism
  • Factors to be considered by arbitrator for innocent absenteeism dismissal
  • Other Forms of Absenteeism

[D] Employee and Malingering

  • Control of Excessive MC Taking
  • Procedure to handle Malingering
3:45 MANAGING EMPLOYEES - LAW AND PRACTICE ON POOR PERFORMANCE

[A] Poor Performance

  • Disciplinary Action for Unsatisfactory Performance
  • How to manage poor performers who are confirmed employ ees
  • Pitfalls leading to weak management of poor performance
5:00 End of Day 1
DAY 2
9:00 MANAGING EMPLOYEES - THE LAW ON TERMINATION

[A] Termination of Employees

  • Factors to be considered before termination.
  • Understanding the relevant provisions of the Employment Act for Termination:
  • Section 12(1)& (2)
  • Section 13(1) & (2)
  • Section 14 (1), (2) & (3)
  • Consequences of unjustified termination and Case studies

[B] Termination for the Breach of Contract

  • Section 15(1) & (2) - Absent without leave
  • Section 60F (2)

[C] Termination and Probation

  • Procedure for termination during Probation
  • Procedure for termination after end of Probation
  • Basic Principles for Poor Performance
  • Managing Probationers

[D] Termination and Poor Performance

  • 3 Step procedure to carry out dismissal
  • Industrial Court Guidelines on poor performance.

[E] Procedure for Termination

  • Procedure when employee has committed misconduct
  • Stage of before charging an accused employee
1:00 Lunch

2:00 [F] Show Cause

  • Issuance of Show Cause letter
  • What is the difference between a domestic inquiry and a “show cause” inquiry in the termination process?
  • What is the best “time” to issue a show cause letter?
  • Is a charge – sheet different from a show cause letter?
  • Must an employee be suspended to respond to a show cause letter?
  • Characteristics of a well conducted investigation

[G] Charge Sheet and Investigation

  • Procedures Prior to Dismissing an Employee Guilty of Misconduct
  • Questions that an investigator can ask to assist in the report
  • What is a Charge Sheet?
  • Issue of Charge Sheet
  • Suspension upon charge and the effect of Section 14[1] and Section 14[2] of Employment Act 1955

[H] Procedure & Inquiry

  • Conduct of Inquiry
  • Procedural fairness
  • Restrictions
  • Procedure prior to Inquiry

[I] Stages of the Domestic Inquiry Procedure

  • The 7 stages of a domestic inquiry
  • Selection of the panel members
  • Notes of Inquiry
  • General procedure at the inquiry
  • Procedure subsequent to Inquiry
  • Appeal
  • Internal Appeal Procedure
  • Penalties
  • Checklist for Documentation
5:00 End of Course