Managing Misconducts in Employment and Conducting A Domestic Inquiry Effectively

27-28 Jun, 2024, Wyndham Grand Bangsar Kuala Lumpur

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Dr. S. Selvanathan PhD. LLB (Hons) UK, DIP. (HRM) UK has over 35 years of experience in the area of Human Resource and Industrial Relations Management having risen from the ranks to become the General Manager (Human Resource Department) of a leading multinational organization.

 

In the course of this rich experience, he was a panel member of the Industrial Court for three terms and has heard disputes that were brought before it for arbitration. His experience includes handling Industrial as well as Labour Court cases. Due to his vast experience, he is frequently called up as a consultant and his clients include numerous multinational organizations involved in electronics, manufacturing, construction, hotel, security, human resource and service industry. He is also a regional trainer in areas relating to the subject.

 

He is also involved in Industrial Safety and was the Chairman of the Occupational Safety & Health Sub-Committee of the Malacca branch of the Federation of Malaysian Manufacturers’ for about 10 years besides being the Chairman of the house committee on Occupational Safety & Health. He has attended the ‘Train the Trainer’ programme and the Safety Officers Certification Course conducted by NIOSH (National Institute of Occupational Safety and Health). He is also a certified trainer by PSMB.

 

He was also a pioneer in the research and implementation of the Code of Conduct for the Prevention and Eradication of Sexual Harassment at the Workplace.

 

He is a specialist on the Labour Laws of Malaysia and was also actively involved in the various labs conducted by PEMANDU under the Prime Minister’s Department in the last amendments especially to the Employment Act 1955, the Industrial Relations Act 1967 and the Trade Union Act 1948. The amendments came into force on 1st April 2012.

 

He was also actively involved in the recent (2020) proposed amendments to the Labour Laws.

 

Dr. Selva had assisted many organizations both local and multinationals in the implementation of Human Resource Policies and guidelines, Compensation and benefits, Wage systems, Appraisal system (KPI), Company Handbooks, Manuals, Managing Misconducts, etc.

 

His trainings amongst others include:

The Employment Act 1955, Industrial Relations Act 1967, Trade Union Act, Minimum Wages, Minimum Retirement Age, Managing Misconducts at Workplace, Managing Industrial Relations, How to manage an effective Appraisal System (KPI), Sexual Harassment, Termination of employment, Domestic Inquiry, Establishment of JCC (Joint Consultative Council), HR Documentations & Forms, Occupational Safety & Health Act (OSHA), Etc.

 

Dr. Selvanathan (PhD) holds a Law Degree (LLB. Hons) (UK), Dip. HRM (UK), is also a Professional Will Writer.

Venue Details

Wyndham Grand Bangsar Kuala Lumpur
Jalan Pantai Baharu, Jaya Tower 3,
Phone : 03-2298 1888

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
PART A: Managing Misconducts in Employment
  • Module 1 – Introduction
  • Module 2 – Punishments
  • Module 3 – Absenteeism
  • Module 4 – Private Misconduct
  • Module 5 – Criminal Misconducts
  • Module 6 – Other Misconducts
  • Module 7 – Performance

PART B: Conducting A Domestic Inquiry Effectively

  • Module 1 – Introduction
  • Module 2 – Stages of Disciplinary Process & Domestic Inquiry Proceedings
  • Module 3 – Role Play (Mock Domestic Inquiry)
  • Module 4 - Conclusion
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Knowing how to manage misconducts in employment.
  2. Improving productivity.
  3. Being able to motivate participants and instilling a sense of belonging.
  4. Avoiding the high cost of litigation.
  5. Arresting conflicts successfully at the workplace.
  6. Improving and Managing Industrial Relations at the workplace.
  7. Knowing the proper procedures of a Domestic Inquiry.
  8. Applying the law and guidelines on Domestic Inquiry effectively.
  9. Being able to conduct Domestic Inquiry effectively.
  10. Applying the Principles of Natural Justice.
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
Interactive Lectures & Case Law will be used throughout the course.
COURSE CONTENT
 

Managing Misconducts in Employment


9:00

MODULE 1 – INTRODUCTION

  • Introduction
  • Employment Act 1955 On Misconduct
  • What Is Misconduct?
  • Minor Misconducts / Major Misconducts
 

MODULE 2 – PUNISHMENTS

  • Punishments For Minor Misconducts
  • Punishments For Major Misconducts
  • Mitigating Factors
10.45

MODULE 3 – ABSENTEEISM

  • What Is Absenteeism?
  • Lateness
  • Pattern Of Absenteeism
  • Continuous Absence Of More Than 2 Days
  • Malingering (Feigning Sickness)
  • Excessive Sick Leave
  • Refuse Over Time Work
  • Leaving Whatsapp Chat Group
12.00

MODULE 4 – PRIVATE MISCONDUCT

  • What Is Private Misconduct (PM)?
  • Immoral Acts
1:00 Lunch
2:00

MODULE 5 – CRIMINAL MISCONDUCTS

  • Theft
  • Threat & Assault
  • Fighting In Company Premises
  • Dishonesty / Fraud
  • False CV
 

MODULE 6 – OTHER MISCONDUCTS

  • Disrespectful & Insubordination
  • Superior’s Orders / Obedience
  • Conflict Of Interest
3:45

MODULE 7 – PERFORMANCE

  • Poor Performance
5:00 End of Day 1
DAY 2
 

Conducting A Domestic Inquiry Effectively

9:00

MODULE 1 – INTRODUCTION

  • Introduction
  • Statutory Provision On Discipline
  • Rules Of Natural Justice
  • Scope Of Due Inquiry / Domestic Inquiry
10.45

MODULE 2 – STAGES OF DISCIPLINARY PROCESS & DOMESTIC INQUIRY PROCEEDINGS

Activities Prior to Domestic Inquiry

  • Stages Of Disciplinary Process In Brief
  • Appointment Of Panel Members
    (Can They Decline Appointment)?

The Domestic Inquiry (DI) Proceedings

  • DO’s And Don’ts At DI
  • What Do Panel Members Look For?
  • Who Are The Players’ In A DI
  • What Is Evidence, Fact?
  • Notes Of Inquiry (How To Present?)
  • Industrial Court Guidelines For Panel Members, Etc.
  • Appellate Courts On Domestic Inquiry

Post Domestic Inquiry (DI)

  • Writing The DI Report (Sample)
  • Decision And Recommendations Of DI Panel.
  • Can Management Overrule The Decision?
1:00 Lunch
2:00

MODULE 3 – ROLE PLAY (MOCK DOMESTIC INQUIRY)

3:45

MODULE 4 - CONCLUSION

  • DI Findings And Report By Panel
  • Industrial Court Decisions On Defective Domestic Inquiry.
  • Q & A
  Case Laws Will Be Used Where Necessary.
5:00 End of Course