Managing Discipline & Poor Performers At The Workplace

22 Jul, 2020, Renaissance Kuala Lumpur Hotel

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Learn from the Best

KAVITHA GUNA SEGARAN
Bachelor of Jurisprudence (Hons) Malaya, CLP
Advocate & Solicitor, High Court of Malaya 2001

 

Kavitha is a qualified lawyer with 20 years of experience. She is the Founding Partner of a legal firm based in Kuala Lumpur and is a Certified Trainer under the HRDF.

 

Kavitha’s area of specialization include Employment Law and Industrial Relations Law. She has accumulated experience in handling both local and foreign employees as well employees’ trade union of various industrial sectors on a wide range of both individual and collective disputes including statutory employment rights and obligations, employee performance, disciplinary action, union recognition issues, collective bargaining, non-compliance of collective agreements and dismissals.

 

Kavitha has represented her clients in disputes before the Labour Court, Industrial Court as well as the High Court and Court of Appeal with cases won duly reported in the Industrial Law Reports and Current Law Journals.

Her significant experience includes:-

  • Advising corporate organizations on dispute settlements, corporate reorganising exercise such as retrenchments schemes and voluntary retrenchment schemes, conducting domestic inquiry proceedings and rendering advice on general misconduct issues.
  • Appointed by a national trade union to resolve union recognition issues.

 

From her experience gained especially on employees’ rights and obligations, Kavitha is able to provide insightful and practical advice and strategies for corporate organizations on disputes in the arena of employer-employee relationships.

 

Kavitha has a passion to train and share her knowledge and insights in respect of the areas of her specialization i.e. Employment Law & Industrial Relations. She combines a wide range of practical and hands-on training experience in lively and challenging interactive training sessions


Venue Details

Renaissance Kuala Lumpur Hotel
Corner of Jalan Sultan Ismail and Jalan Ampang, Kuala Lumpur 50450,
Phone : 03 2162 2233
Fax : 03 2161 5555

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
  • Module 1 - Misconduct
  • Module 2 - Handling Misconduct
  • Module 3 - Punishment/Penalties for Misconduct
  • Module 4 - Managing Poor Performance
  • Module 5 - Performance Improve Plan
  • Module 6 - Post PIP
OBJECTIVE
Unfortunately, not all employees are discipline and adhere to standards set for them and do what they are told. Some employees have all sorts of problems at the workplace and these problems must be addressed or otherwise the organization’s productivity may suffer and its image and reputation may tarnish.

Often employers fail to monitor and assess developments of the performance of staff which may affect the ability to attain the desired commercial goals and targets set. By the time we detect poor performance or even non-performance it may be too late to take remedial action to salvage the situation.

This course is designed to be interactive and at the same time to gain knowledge and insight into the proper guidelines and procedures relating to disciple at the workplace, the handling misconduct, investigating a misconduct to conducting a domestic inquiry.

This course aims to guide individuals to understand and adopt a proper method in handling disciplinary issues at the workplace so as to avoid negative implications and inconsistent approach to handling discipline.

Further, this course will also provide managers and leaders with the skills required to monitor the performance at every stage through a well - tailored Performance Improvement Plan (PIP). This will include identifying the root cause and setting fair and workable strategies and guidance for the staff towards achieving organizational goals.
WHO SHOULD ATTEND
  • Heads of Department
  • HR & Employment Managers
  • Senior Managers/Managers
  • Executives
  • Team Leaders/Supervisors
METHODOLOGY
This is a highly interactive training course, whereby participants will gain the learning points through actual cases of misconduct as reported in the law reports. Participants will also be given the opportunity to learn how to frame a charge of misconduct.
COURSE OUTLINE
9:00

Module 1 - Misconduct 

  • What is Misconduct?
  • Burden and Standard of Proof
  • Types of Misconduct
    - Major Misconduct
    - Minor Misconduct
  • Aspects of Misconduct
    - Single Act of Misconduct
    - Past Misconduct
    - Subsequently Discovered Misconduct
    - Misconduct Outside Employment
    - Provocation of Misconduct
    - Condonation of Misconduct
  • Case Study of various type of Misconduct decided by the Industrial Court
 

Module 2 - Handling Misconduct 

  • Procedure for Handling Misconduct
  • Appointment of Investigation Officer
  • Investigating Allegations of Misconduct
  • Identifying the Relevant Parties
  • Interviewing the Relevant Parties
  • Collecting Documents and Exhibits to Support the Allegation of Misconduct
  • Preparation of Investigation Report
  • Suspension of Employee Accused of Committing Misconduct
10.45

Module 3 - Punishment/Penalties for Misconduct

  • Punishment Must Commensurate with the Misconduct Committed
  • Types of Penalties/Punishment
    - Warnings
    - Suspension
    - Downgrading and Demotion
    - Stoppage of Increment or Bonus
    - Dismissal
12.00

Module 4 - Managing Poor Performance 

  • Definition of Poor Performance
  • Context of Work Performance
  • Context of Poor Behaviour
  • Discipline matters
1:00 Lunch
2:00

Module 5 - Performance Improve Plan 

  • Aim of the Policy
  • Scope and Coverage
  • Managing Poor Performers
    - Step 1: Detect
    - Step 2: Intervene
    - Step 3: Follow up
  • Performance Counselling Session
  • Fundamental Plan of the PIP i.e. the Framework
    - Average Performers
    - Poor Performer
    - Performance Issue Identification
    - Monitor Progress - Timing i.e. 3 months/6 months/ 12 months
    - PIP Review Report-Monthly
    - Final Report
3.45

Module 6 - Post PIP 

  • Consequences of not Meeting Required Standards
  • Recommendations
    - Issuance of Warning Letter
    - Disciplinary Proceedings
  • Warning Letter
    - Requirements of a Warning Letter
    - Group Exercise -How to Prepare Warning Letter
  • Disciplinary Proceedings for Handling Poor Performer
 

Summarizing & Wrap Up & Q&A Session

5:00 End of Course