Employment Law - Understanding Grievance Handling, Disciplinary & Termination Procedures

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

The Management / HR executives  and Supervisors who intend to have an understanding of managing discipline at the workplace.

2 DAYS COURSE

MODULE 1: Scope of Employment Law Under EA 1955 & Sabah/Sarawak Labour Ordinances and 2019 UPDATES

• 2019 UPDATES on Scope
• 2019 UPDATE on Definition of an Employee and
• 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

• 2019 UPDATE
• 2019 New Anti-Discrimination Laws
• 2019 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 Dismissals
• What must be included in warning letter for Poor Performance
• What is Performance Improvement Plan?
• Can Performance Improvement P be used to terminate Employees? -Guidelines for Employers/Managers

MODULE 6: Probation and Termination

• Probationers and Letter of Offers
• Good practice for managing probation periods
• Underperformance during probation
• Meetings during probation -procedure and guideline
• Frequently asked questions and related documents for probation

MODULE 7: 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 employee make a claim for Unfair Dismissal in cases of Frustration?

MODULE 8: 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 9: 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:

• Case studies will be done on all pertinent sections
• Activities will be done to understand the application of the law.

Sample HR letters for will be provided:

• Letter of First/ Second Warning – Template
• Breach of Contract
• Suspension Letter
• Termination Letter
• Sample dismissal or termination of employment letter

Interactive Presentation as input, Discussions, Small group activities, Problem Solving using real life scenarios from the workplace.

AMBIGAH K
Advocate & Solicitor
LL.B (Hons) (London), Certificate In Legal Practice (Malaysia), TESOL (Canada)
 

Ambigah K has more than 15 years of training and corporate experience on Law topics She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Lawyer who has vast professional experience in the training industry. Ambigah Kn is active in legal practise under her firm Tetuan Ambigah K & Co, Advocates & Solicitors.  She has excellent communication, writing, people and class management skills.

Ambigah K trains in West Malaysia, Sabah, Sarawak and Brunei Darussalam.                                                                                                                                                
Work Experience

• Ambigah K 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 seminars for Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Tenancy laws and Procedure, Managing Contracts Effectively, Drafting Commercial Contracts and Terms, Understanding and Avoiding liability in Procurement Contracts for Vendors and Suppliers, the Personal Data Protection Act 2010/Standards 2015 and Understanding Compliance, Entrepreneur seminars for fresh graduates and business community.
 • She has trained for the Federation of Manufacturers of Malaysia (FMM).
 • She is also involved in advice and drafting of Human Resource policy and procedures and published Human Resource Manual for the corporate sector.
In summary, Ambigah Krishnan
 • When not conducting training programs, she is busy with her legal consultation especially in the corporate field.

Benefits of hiring Ms. Ambigah Krishnan

Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs.

She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.
Some of the in-house and public programs include those from, Shanshin Sdn Bhd, Wonder Sound, 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.

To contact Ambigah for any speaking, training and consultancy engagements, please feel free to contact info@itrainingexpert.com or call +6012 6869 628 | +6010 2175 123 | +6016 622 0448  

Or

We have a faculty of  specialist and can cater to your organisation's different levels and specific needs.

For training and advisory services, feel free to contact us at info@itrainingexpert.com or call us at +603 8082 3707 | +603 8074 9056 | +6012 6869 628 | +6018 2175 123

Investment

6% SST is chargeable, excluded in the quoted fee above