Dealing Effectively with Underperformers & Understanding the Termination Process

23-24 Jul, 2018, Kuala Lumpur

FOCUSING ON
  • Types of Contracts
  • How To Deal With Underperformers
  • Understanding the Termination Process
  • Discipline Procedure
  • Deliberations
  • Law And Practice On Poor Performance
  • The Law On Termination
  • Termination Procedure
  • Domestic Inquiry
INTRODUCTION

This 2 Day course is designed to improve the accounting skills of accounting professional staff, particularly those who are starting new in their career. In today’s challenging business world, finance executives and professionals need MBA (USA), a UK qualified accountant has an extensive corporate finance.

OVERVIEW

The main purpose of this course is to provide an understanding on how to use the Employment law to deal with underperformance and maintain discipline at the workforce.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Making your employer 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. Understanding how to effectively deal with poor performance and misconduct.
  4. Being able to communicate rules to employees and subordinates.
  5. Obtaining effective efficiency from the workforce at all levels of the organization
  6. Learning what are the proper procedures to terminate an employee
  7. Being able to make sure that the termination procedure was fair
  8. Being able to draft the relevant letters at the pertinent stages
  9. Understanding when to terminate the employee
WHO SHOULD ATTEND

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

METHODOLOGY
  • Interactive lectures, Discussions, Small group activities, Problem Solving using real life scenarios from the workplace.

    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

  • Sample dismissal or termination of employment letter

DAY 1
9:00 OVERVIEW
  • Understanding the relevant sections on Employment Act 1955 and the pertinent sections of the Industrial Relations Act 1967
  • Rights of Employees
  • Obligations of Employer
  TYPES OF CONTRACTS
  • Contract for Service
  • Contract of Service
  • Apprenticeship Contract
  • Fixed term contract
10.45 HOW TO DEAL WITH UNDERPERFORMERS
  • Understanding the Termination Process
    [1] Discipline @ the Workplace
  • Why are Disciplinary Rules and Procedures necessary?
  • Disciplinary Action for Misconduct
  • Important rules regarding workplace Discipline
    [2] Handling Misconduct
  • What is misconduct?
  • Burden and Standard of Proof
  • Aspects of Misconduct
    [3] Types of Misconduct
  • Absence without leave
  • Tardiness
  • Late-comers
  • Poor performance
  • Insubordination
  • Disobedience
    [4] Employees taking Execessive Medical Leave
  • Proper requirements for accepting and managing medical / sick leave
  • Is it necessary to send the employee for a medical check - up?
  • Disciplinary procedures for handling excessive medical leave
  • Case Study on excessive sick / medical leave
  • Ways to curb employees from taking excessive sick / medical leave
1:00 Lunch

2.00 DISCIPLINE PROCEDURE
  • [5] Discipline Procedure for 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
    [6] Discipline Procedure for Habitual Late Coming and Malinger
  • Requirement of employee to observe stipulated working hours
  • Disciplinary procedures for handling late comers
  • Methods to encourage employees to be punctual
  • Case study on habitual late coming
  • Procedure to handle Malingering
    [7] Discipline Procedure for Tardiness
  • Discipline procedure for Tardiness and sample letter of warning for Tardiness
    [8] Discipline Procedure for Sexual Harassment
  • Procedure for discipline for Sexual Harassment - Employment (Amendment) Act 2012 – Part XVA
    [9] Discipline Procedure for Disobedience and Insubordination
  • Procedure for discipline for Disobedience and Insubordination
  • Industrial Court case studies
3.45 DELIBERATIONS
  • [10] Warnings - Issued by Management
  • Number of warnings to be issued before termination
  • Warnings given but no improvement – Procedure to follow
  • Warning stage and when to issue Show Cause
  • Case studies
5:00 End Of Day 1
DAY 2
9:00 LAW AND PRACTICE ON POOR PERFORMANCE
  • [1] Poor Performance
  • The Law and Process on Poor Performance
  • Guidelines on Disciplinary Action for Unsatisfactory Performance
  • Considerations in Performance-Related Discharges
  • How to manage poor performers who are confirmed employees
  • Pitfalls leading to weak management of poor performance
    [2] Dismissal for Poor Performance under the Labour Laws
  • Poor Performance is not Misconduct Per Se
  • Oral or Written Warnings?
  • Burden of proof and case studies under the Industrial Court
  • Is Domestic Inquiry a Pre-requisite?
  • Fair Procedure / Due Process
  • Probationers & Poor Performance
10.45 THE LAW ON TERMINATION
  • [1] Termination of Employees
    [A] Use of Industrial Relations Act 1967 in the Termination Process
  • The concept of Just cause principle
  • The Law of Just Cause Dismissal under Employment Law 1955 & IRA 1967
  • The role of the Industrial Court
  • Proof of Just Cause Dismissal under Section 20 Industrial Relations Act 1967
    [B] The laws relating to the Termination Process under the Employment Act 1955
  • Termination Simpliciter
  • Factors to be considered before termination.
  • Ways in which an employee can be terminated
  • Difference between termination and retrenchment under the law
  • 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
  • Relation of time between company notice and contractual notice
  • Section 69 Employment Act 1955 as employer remedy.
1:00 Lunch

2.00 TERMINATION PROCEDURE
  • [C] Handling Termination for Misconduct
  • Termination due to Absence without leave
  • Termination due to Tardiness
  • Termination due to habitual late-coming
  • Termination due to Insubordination
  • Termination due to Disobedience
  • Termination by Frustration of Contract and aspects of frustration
    [D] Termination for the Breach of Contract
  • Section 15(1) & (2) - Absent without leave
  • Section 60F (2)
    [E] Termination and Probation
  • Procedure for termination during Probation
  • Procedure for termination after end of Probation
  • Basic Principles for Poor Performance
  • Managing Probationers
  • Case Studies and Industrial Court Guidelines
    [F] Termination and Poor Performance
  • Procedure to carry out dismissal
  • Industrial Court Guidelines on poor performance.
    [G] Constructive Dismissal
  • Procedure when employee has been dismissed
  • Post Termination and Section 20 Industrial Relations Act 1967
3.45 DOMESTIC INQUIRY
  • Statutory Provisions on Discipline [with details]
  • Due Inquiry and Framing of Charges [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 Penalties/Punishment and discussion of Section 14 Employment Act 1955 in relation to punishment.
5:00 End Of Course

 

LEARN FROM THE BEST

AMBIGAH KRISHNAN 
LL.B (Hons) London, CLP (Malaysia), TESOL (Canada) 
Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics. 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 is an experienced lawyer and trainer and has been involved in civil litigation, employment matters, Contract Drafting Advance Level, Commercial Contract management, Mergers & Acquisition, Employment Law and IR, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives. 

Areas Trained
She has conducted seminars for Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Employment Law for HR and Non HR Managers, Tenancy laws and Procedure, Drafting Commercial Contracts and Terms, Contracts and issue of liability for Vendors, Suppliers and Procurement Managers, Seminar on Prevention of Staff Fraud in association with PDRM, the Personal Data Protection Act 2010 & Standards 2015 and Personal Data Protection Compliance implementation, Entrepreneur seminars for fresh graduates and business community. 

She has trained for the Federation of Manufacturers of Malaysia (FMM) in areas of Contract law.

Involved in advice and drafting of Human Resource policies and procedures and writing Human Resource Manual for the corporate sector including advice and drafting of Personal Data Management and preparation of PDPA manuals. 

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.

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

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

 

IPA TRAINING IS REGISTERED WITH

 

CONTACT US

Juliany, 
O - 03 2283 6109,
M - 019 3134436
juliany@ipa.com.my 

Michelle, 
O - 03 2283 6100, 
M - 019 363 7822
michelle@ipa.com.my 

For Customised In-House Training
Yvonne,
O - 03 2283 6101, 
M - 012 2011247,

F - 03 2283 6108
 
yvonne@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