Managing Misconducts, Poor Performers and Conducting Performance Improvement Plan (PIP) in Employment

04-05 Sep, 2024, Wyndham Grand Bangsar Kuala Lumpur

Register Now
PDF Brochure

IPA Training is Registered with

Learn from the Best

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
1, Jalan Pantai Jaya Tower 3, Kuala Lumpur, 59200 MY,
Phone : 03-2298 1888

https://wyndhamgrandbangsarkl.com.my/

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: Managing Poor Performance and Conducting PIP

    • Module 1 – Introduction
    • Module 2 – Procedural Requirement
    • Module 3 – Actions Before PIP
    • Module 4 – Obligation Of The Appraiser
    • Module 5 – PIP
    • Module 6 – Duration Of PIP
    • Module 7 – The Pitfalls
    • Module 8 – Case Laws On Poor Performance
    • Module 9 – Workshop Session

What Your Colleagues Are Saying About The Course Leader

“Dr Selvanathan answers most questions with the relevant section and relevant act as well as real court cases to help participants understand that not every case and situation are straight forward.”
Aiman Ardani Omar,
Executive, KPJ HEALTHCARE BERHAD

 

“Easy and open interaction with instructor. Allowed to interject with ad-hoc questions.”
Mak Heong Weng,
Manager, SUM HING ENGINEERING WORKS SDN BHD

“Part Q & A section is very interesting…gives a lot of information regarding the situation of every company problem. The speaker gave encouraging feedback.”
Dayang Nurlida Abang Abdul Ghapor,
Senior Hr / Finance Manager, TOKOH ILHAM SDN BHD

“Trainer handles questions very well and very encouraging.”
Lisa Lim Su Mei,
Human Resource Manager, AUSENCO BUSINESS SERVICES SDN BHD

“Dr Selva shares real experience.”
Akmal Hannan Md Shuhaime,
HR Executive,  SOUTHERN CABLE SDN BHD

“Trainer responses to all the questions patiently.”
Chia Sze Yein,
Finance Manager, Meet Mee Kitchen Sdn Bhd

“Solutions suggested by the trainer are practical to be implemented.” 
Nur Shafira Ayop,
HR & Admin Executive, GANDA IMBUHAN SDN BHD

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Knowing how to manage misconduct 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.
  11. Understanding And Knowing What Is Poor Performance.
  12. Applying The Principles Of Performance Improvement Plan (PIP).
  13. Knowing And Applying The Law On Managing The Poor Performer.
  14. Motivating And Retaining Good Employees.
  15. Understanding And Knowing How To Write Letters Concerning Poor Performance And PIP.
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.

DAY 1
 

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
 

Managing Poor Performance and Conducting PIP in Employment


9:00

Module 1 – Introduction

  • What is Poor Performance?
  • Is it a Misconduct?
  • What is PIP?
10.45

Module 2 - Procedural requirement

  • High Court Case
  • The paper Trail. (Documentary evidence)
  • The requirement of Warning. (Written warning is compulsory)
  • Ensure job requirements and performance (Refer to KPI, KPI need to be based on JD)
 

Module 3 - Actions before PIP: What evidence must be there before placing an employee on PIP? (Industrial Court Guidelines).

  • Job expectation KPI’s (SMART Principles and Targets) based on JD
  • Measures clear and communicated
  • Identify areas where corrective action is necessary
  • Provide guidance on how to improve
  • Provide sufficient time to improve
  • Document all above in WRITING
  • Obtain acknowledgement
  • Review the performance (see PIP Form)
  • What are goals / What are Objectives?
  • Company’s expectation vs. current performance (Standard skill to be shown by employee)
  • Performance Gap Analysis
  • Confirm that employee is a poor performer
 

Module 4 - Obligation of the appraiser:

  • Adequate support and supervision
  • Fair Appraisal
  • No Victimization
 

Module 5 - PIP

  • Written Policy on Poor Performance (Refer sample)
  • Refer to Flow Chart (sample)
  • The Performance Appraisal Form (Sample)
  • The PIP Review Form (Sample)
  • Training and guidance given (Recorded)
  • Termination if no improvement.
 

Module 6 - Duration of PIP

  • Probationers
  • Confirmed employees
 

Module 7 - The pitfalls

  • Reliance on subjective views of superior
  • Lack of objectivity
  • Breach of procedural requirements
  • External causes
  • Unrealistic / unachievable standards
  • Inconsistent actions by management
  • Victimization
 

Module 8 - Case Laws on Poor Performance

  • Industrial Court Precedents.
1:00 Lunch
2:00

Module 9 - Workshop session:
Case Study and Filling of PIP Form:

  • Writing of Weaknesses
  • Doing the PIP Reviews.
3:45

Q & A and Evaluation

5:00 End of Course