Handling Misconduct, Effective Investigation & Conducting A Proper Domestic Inquiry

30 Nov, 2021, Virtual Classroom Training

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

 

Kavitha is a qualified lawyer with 19 years of experience. She is the founding partner of a legal firm based in Kuala Lumpur. She is certified trainer under the Human Resources Development Fund (“HRDF’).

 

She specializes in the area of Employment and Industrial Relations. Kavitha has much 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 represents 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.

 

Kavitha is able to provide insightful and practical advice and strategies for corporate organizations on disputes in the arena of employer-employee relationships.

 

At the same, time she has a passion to train and share her knowledge and insights in respect of the area of Employment Law & Industrial Relations.

Venue Details

Virtual Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Phoebe,
M - 019 363 7822
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
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

FOCUSING ON
  • Module 1: Problem Employees
  • Module 2: Misconduct
  • Module 3: Handling Misconduct
  • Module 4: Framing Of Charges
  • Module 5: Domestic Inquiry
  • Module 6: Writing Of Findings & Panel Report
  • Module 7: Punishment/Penalties For Misconduct
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.

 

This is a one day course designed to be interactive and at the same time to gain knowledge and insight into the law relating to disciple at the workplace, procedures of 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.

WHO SHOULD ATTEND
  • Heads of Department/Senior Managers
  • HR & Employment Managers
  • Managers
  • Executives
  • Team Leaders
METHODOLOGY
This is a highly interactive training course, whereby participants are to gain the learning points through actual cases of misconduct as reported in the law reports. Participants will be given the opportunity to learn how to frame a charge of misconduct.
WHAT YOU WILL LEARN
9:00

MODULE 1: PROBLEM EMPLOYEES

  • Reason Why Managers Ignore Problem Employees
  • Action To Deal With Problem Employees
  • Classifying Employee Problems
  • Need To Maintain Discipline In The Workforce


10.00

MODULE 2: MISCONDUCT

  • What Is Misconduct?
  • Burden And Standard Of Proof
  • Types Of Misconduct
    - Minor Misconduct
    - Major Misconduct
  • Aspects Of Misconduct
    - Single Act Of Misconduct
    - Past Misconduct
    - Subsequently Discovered Misconduct
    - Misconduct Outside Employment
    - Provocation Of Misconduct
    - Condonation Of Misconduct
11.00

MODULE 3: 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
12.00

MODULE 4: FRAMING OF CHARGES

  • How To Frame A Charge
  • Sample Charges
  • Group Exercise
  • Preparing Show Cause Letter
  • Preparing The Charge Sheet/Notice Of Domestic Inquiry
1:00 Lunch
2:00

MODULE 5: DOMESTIC INQUIRY

  • Preparation For A Domestic Inquiry
    - Appointing A Domestic Inquiry Panel
    - Appointing A Prosecutor
    - Appoint A Secretary
    - Book A Room
    - Whether Tape Recording Is Allowed During The Domestic Inquiry Proceedings
  • Holding The Domestic Inquiry
  • Common Mistakes Pertaining To Conducting A Domestic Inquiry
  • Case Study
3:00

MODULE 6: WRITING OF FINDINGS & PANEL REPORT

  • What Are Findings?
  • How Deliberate And Draft The Findings’
  • Preparation Of Panel Report
4:00

MODULE 7: 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
4:45

Summary & Wrap IP

5:00 End of Course