Handling Non-Performers, Misconduct & Retrenchment: Domestic Inquiry And Dismissal Of Probationers And Confirmed Employees

13-14 Nov, 2024, Wyndham Grand Bangsar Kuala Lumpur

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Learn from the Best

Cyril Pagadala has a BA in English and an MA in Human Resource Management. H He comes with many
years of real hands-on work experience in Human Resource Management, Operations, Customer Service
and Administration in various industries such as banking, manufacturing, hospitality and other service
industries as followed by more than 17 years of corporate training and lecturing.

 


He has worked for both local and multinationals and in both small and large companies. He was last the
Director of Human Resource & Administration of a group of companies.


 

Cyril has gone through the whole gamut of HRM functions including: setting up the HR Department
A-Z and company start-up operations with appropriate systems in a new organization as part of start-up
operations, developing policies and procedures, writing operational procedures, developing performance
appraisal standards, managing recruitment and selection, setting up wage systems, payroll
administration, designing motivation strategies, reducing employee turnover, training handling
misconduct, taking disciplinary action, conducting the domestic inquiry, handling grievances, carrying out
negotiations with trade unions and collective agreements, etc.

 


His tenure in organizations has provided him with deep insight and lasting exposure to various problems
and solutions of different kinds. He brings this exposure to his specialized areas of training.

 


He delivers and facilitates the courses in a simple, easy-to-understand way and willingly shares
knowledge. Due to his real hard-knock work experience, he is able to provide many simple solutions to
work challenges.

 


His simple philosophy: “SHARE REAL WORK KNOWLEDGE”. Perhaps a cue may also be taken from a
participant: ‘I NEVER KNEW THIS WAS SO EASY!’

 


He has trained small, medium and large local and multinational organizations from various industries.
Some of them are: Hospitality: Hotel Maya, Tanjung Rhu Resort, Equatorial Hotel, Shangri-La Hotel, NIKKO
Hotel, Country Heights Resorts, Kelab Sukan Cahaya, Nando’s, Mines Resort, Boulevard Hotel, Pacific
Regency Apartments, STAR Cruises; Foreign Embassy: Japan Travel Bureau (Japan Embassy);
Medical: Hospital Pantai Indah, Subang Jaya Medical Centre, Optimax Eye Specialist Centre: Shipping:
Kudrat Maritime, Global Airfreight, MISC; Car: Honda, EON, PERODUA, Swedish Motor Assemblies;
Construction: Bumimetro Construction, YTL Land, Fujiya Constructions; Consultants: Job Street.com, Job
Hunt, Eurogain Consulting; Education: INTI College, University Islam International; Banks: MBB, RHB, MBF
Cards; Cosmetics: Clara International; Food: Cadbury, Dumex, Sara Lee, BABA Products; Insurance:
Multipurpose Insurance, Takaful Nasional, Manulife, Technology: STT Technologies, Samsung
Electronics (M), JVC Video (M), UPD Systems, Malaysian Biotechnology Sdn Bhd; IT: Oracle (USA), Orga
(Germany); Petrol & Chemicals: Petrochemical, Petronas, Hitachi Chemical, Sime Kansai, CCM Chemicals;
Electronics: Toshiba, Sony, Canon, Hitachi; Media: Redtone Telecommunications, STAR, NST; Tyres:
Continental Sime Tyres; Steel: Prestar Steel Pipes, Perwaja Steel, Genting Sanyen, Ornasteel Enterprise
Corporation; Voluntary: Malaysia AIDS Council; Manufacturing: Malaysia Newsprint Sdn Bhd, , BC Wonder
Bowl, Schaefer Kalk (M), Guardian Venture (M), Sinora, Cargil Palm Products, Vacances; Government &
GLCs: Dewan Bahasa dan Pustaka, Ministry of Local Government and Housing, Income Tax Board, Airod,
Sabah Tourism Board, FELDA, Telekom Malaysia, TNB, Company Commission of Malaysia, EPF (Malaysia),
EPF (Brunei)


Venue Details

Wyndham Grand Bangsar Kuala Lumpur
1, Jalan Pantai Jaya Tower 3, Kuala Lumpur, 59200 MY,
Phone : +60322981888

https://wyndhamgrand bangsarkl.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
  • Performance Management
  • Conducting The Performance Appraisal
  • Handling Good Performers
  • Handling Poor or Non-Performers
  • HR Documentation for Disciplinary Action
  • Probationers Need Special Handling
  • Retrenchment &Termination Issues
  • Major and Minor Misconduct
  • Sexual Harassment
  • Conducting Investigations & Gathering Evidence
  • The Domestic Inquiry Proceedings
  • Disciplinary Action
  • Industrial Relations Act 1967
  • CASE LAW: Precedents Set by Industrial Court Cases
  • Domestic Inquiry Role Play
OBJECTIVES

This broad comprehensive course shows you how to take preventive measures, rehabilitate failed employees, and in extreme cases take the right legal steps to dismiss an employee

At the end of the course, participants will have a better understanding of the human relations and industrial relations process; HR documentation, conducting the Domestic Inquiry and have the necessary skills to handle human challenges.

Participants will receive samples of the various legal documentation for their daily professional use.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Assessing Critically Employee Performance And Providing Adequate Rewards For Good Performers Taking Necessary Action On Non-Performers.
  2. Handling Probationers’ Performance From Employment To Confirmation And Non-Confirmation.
  3. Carrying Out A Retrenchment Exercise Successfully.
  4. Carrying Out The Various Steps In Handling Misconduct Effectively.
  5. Handling Sexual Harassment Cases Appropriately.
  6. Writing Appropriate ‘Disciplinary’ Letters And Delivering Verbal Warnings.
  7. Conducting A Professional Domestic Inquiry And Drafting A Proper Set Of Minutes Of The DI.
  8. Handling Dismissal Cases At The Industrial Relations Department.
  9. Making Decisions In Line With The Principles Set By The Industrial Court.
WHO SHOULD ATTEND
  • HR Managers / Executives
  • HR Administrators /Assistants
  • HODs
  • Line Managers / Executives
  • Non-HR Managers / Executives
  • Panel Members of Domestic Inquiry
  • Disciplinary Committees
METHODOLOGY
Major Case-Study, Minor Case-Studies Interactive Discussions, Role Play On Domestic Inquiry, Presentations.
DAY 1
9:00

PERFORMANCE MANAGEMENT

  • Performance Appraisals vs Performance Management
  • Importance Of Performance Appraisals And Management
  • Leader’s Role In Performance Management
 

CONDUCTING THE PERFORMANCE APPRAISAL

  • The Appraisal System
  • Conducting The Interview
  • Handling The Defensive Employee
10.45

HANDLING GOOD PERFORMERS

  • Satisfying The Needs Of Good Performers
  • What Makes For Good Performance?
  • Drawing Up Talent Management Plans
  • Rewards For Performers
 

HANDLING POOR OR NON-PERFORMERS

  • Identifying Causes Of Poor Or Non- Performance
  • Drawing Up Performance Improvement
    Plans (PIPS)
  • Leader’s Role In Improving Performance
  • Action For ‘Hopeless’ Cases
1:00 Lunch
2:00

HR DOCUMENTATION FOR DISCIPLINARY ACTION

  • What Is ‘Caution’?
  • Difference Between Verbal Warnings And Written Warnings
  • The Content Of Verbal And Written Warnings
  • What To Write In A ‘Suspension’ Letter?
  • Importance Of Warning Letters
3:45

PROBATIONERS NEED SPECIAL HANDLING

  • Probationary Period
  • Extension Of Probation
  • Non-Confirmation Of Probationers
  • Handling Poor Performance
  • Misconduct During Probation
  • Termination Clause In Appointment Letter
 

RETRENCHMENT &TERMINATION ISSUES

  • Retrenchment: LIFO Principle and VSS
  • Forced Resignation
  • Unfair vs Unlawful Dismissal
  • Termination Of Contract
  • Compensation
5:00 End of Day 1
DAY 2
9:00

MAJOR AND MINOR MISCONDUCT

  • What Is Misconduct?
  • Classifying Minor And Major Misconduct
  • Critical Roles Of Handbooks, Rules, And Sops
  • Principles In Drawing Up Rules And Regulations
  • Types Of Major Misconduct
  • Steps In Disciplinary Action Process
 

SEXUAL HARASSMENT

  • Definition Of Sexual Harassment
  • Process Of Reporting Sexual Harassment
  • Role Of Employer And DG Of Labour
  • Investigation And Action
 

CONDUCTING INVESTIGATIONS & GATHERING EVIDENCE

  • Preliminary Investigations
  • Documentary And Non-Documentary Evidence
  • First Person Evidence
  • Hearsay Evidence
  • Witnesses
10.45

THE DOMESTIC INQUIRY PROCEEDINGS

  • The Actors?
  • Rights Of Employer And Employee
  • Pitfalls In Carrying Out A Domestic Inquiry
  • Ensuring That The Inquiry Is Smooth
  • The Powers Of The Inquiry Panel
  • ‘Mala Fide’ And ‘Bona Fide’ Issues
  • Show-Cause Letter
  • Preparing The Minutes Of Inquiry
 

DISCIPLINARY ACTION

  • Factors To Consider In Making Decision
  • Types Of Disciplinary Action
  • What Is Appeal Board?
  • What To Consider In Appeals?
  • Process Of Appeal
 

INDUSTRIAL RELATIONS ACT 1967

  • Purpose Of Industrial Court
  • Who Can Appeal To Industrial Court?
  • Method Of Appealing
  • Code Of Conduct For Industrial Harmony 1975
  • Compensation Issues For Unfair Dismissal
 

CASE LAW: PRECEDENTS SET BY INDUSTRIAL COURT CASES

  • Absenteeism
  • Poor Performance
  • Probationers
  • Misconduct
  • Constructive Dismissal
  • Who Is A Workman?
  • Unfair Dismissal
 

HR Skills for Non-HR Managers 

  • Human Skills For Management
  • Understanding Human Behaviour 
  • Why Management Does Not Take Action?
  • Role Of Line Managers And Non-HR Managers In Discipline Management
1:00 Lunch
2:00

CASE STUDY

3:45

DOMESTIC INQUIRY ROLE PLAY

5:00 End of Course