Termination Of Employment, Conducting A Domestic Inquiry And Handling Misconduct

14-15 May, 2018, Vistana Kuala Lumpur

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EN WAN ABU BAKAR has more than 27 years of practical and hands-on experience in all facets of Human Resources Management, Industrial Relations, Training and Performance Management.

He was a former Director of Labour, Ministry of Labour (as it was known then) before joining a financial institution in its Personnel / Industrial Relations Division. He later joined the hospitality / hotel industry as its Director of Human Resources before setting his own consultancy firm.

His past experience in an unionized environment enables him to conclude Collective Agreements and practise his excellent inter-personal skills.

He is a panel member of the Industrial Court (representing the Employers). He was also one of the pioneers in drafting the Code in Eradicating Sexual Harassment in the Workplace initiated by the Ministry of Human Resources.

Venue Details

Vistana Kuala Lumpur
9 Jalan Lumut Off Jalan Ipoh, 50400 Kuala Lumpur,
Phone : 03 4042 8000

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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
  • The Principle of Natural Justice
  • Handling Termination Cases
  • Domestic Inquiry – it’s requirements
  • Misconduct – definition, control and investigations
  • The selection of panel, its role and implications
  • Conducting a Domestic Inquiry
  • The decision, penalty and Panels’s findings
  • Avoiding the shortcomings and pitfalls
  • The Industrial Court views Domestic Inquiry
  • Employee’s Recourse, Employers’ Counter-action
AFTER ATTENDING THIS COURSE,
YOU WILL RETURN TO YOUR JOB…
  1. Knowing how to handle termination cases.
  2. Learning how to conduct an effective Domestic inquiry.
  3. Understanding the pertinent pre-requisites of an inquiry.
  4. Implementing Principles of Natural Justice effectively.
  5. Imposing appropriate penalty to commensurate with the misconduct committed.
  6. Learning the roles of panel members, prosecution, union representative, witnesses and decision making.
  7. Preparing the Charge Sheet, Notice of Inquiry and Panels Findings.
  8. Preparing the witness, documenting the inquiry proceeding and evidences.
  9. Determining and identifying misconducts.
WHO SHOULD ATTEND
  • Managing Directors
  • General Managers
  • HR/IR Directors, Managers, Officers and Executives
  • Directors / Decision Makers
  • Corporate / HR / IR Consultants
  • Personnel / Training Managers
  • Administrations Managers / Officers
  • Compensations and Benefits Managers
  • Payroll / Salary Administrators
  • Those Handling Employee Relations
METHODOLOGY
  • Lecture
  • Group Discussion
  • Case Studies
  • Role Play
  • Q&A
 
DAY ONE
9:00 INTRODUCTION
  • What is MISCONDUCT
  • Identify degree of offence
  • The company’s - Do’s and Don’ts
  • “Inquiry” – the requirements of E .A. 1955
  PRINCIPLES OF NATURAL JUSTICE
  • Its requirements
  • Deviation of principles – its consequences
  • The right of being heard
  HANDLING TERMINATION CASES
  • Reasons and Causes
  • Various Form of Termination
  • Termination and Dismissal
    - Deliberation
  • Avoiding pitfalls
    - Proper Procedures
  • Court Citation and Views
1:00 Lunch

2:00 PREPARATION FOR CASE
  • Identify the “case” (Bona fide)
  • The background /build-up of case
  • Drafting of charge sheet
  • Notice of Inquiry
  • Inquiry venue – set up
  PREPARATION FOR A DOMESTIC INQUIRY
  • Appointment of the panel members- criteria
  • Preparing the witness and exhibits
  • The prosecution/presenting officer – preparation
  • The roles and functions of the panel, witness and prosecution
  • The role of the Chairman of the inquiry panel:
    - Opening
    - Introduction of panel
    - Evidence adduced at the inquiry
    - Case process
    - Concluding the case
  MOCK INQUIRY/ROLE PLAY
  • Preparation for the next day
5:00 End of Day 1
DAY TWO
9:00 REINFORCE ON YESTERDAY’S MATTERS
  • The basic requirements
  • The roles for all participants
  • Proving/guilty offence
  • Suspension
  • Ex-parte cases
  DOMESTIC INQUIRY - Practical
  • Mock Inquiry – Practical Hands-on
  • The line of questioning – leading questions?
  • The plea – on the charge(S)
  • Status of Guilty/Not Guilty plea
  • Presentation of the charges
  • Circumstances to produce witness and exhibit
  • Recording of Inquiry Notes
1:00 Lunch

2:00 DECISION MAKING
  • Panels’ finding
  • Human Resources recommendations– penalty
  • Authorities to decide?
  • Mode of recommendation – reference to past and similar cases in Court
  BRAINSTORM ON THE MOCK CASE
  • Identify the shortcoming and defect (Inquiry)
  • To introduce corrective measures and suggest improvements
  IMPROPER DOMESTIC INQUIRY
  • It’s legal and technical effects
  • Citations on past cases from Industrial Court
  EMPLOYEES ACTION
  • Appeals
  • Avenues under IRA 67
  QUESTIONS AND ANSWERS
 
5:00 End of Course