Mastering Workplace Discipline: Managing Misconduct, Domestic Inquiry, Poor Performers of Probationers and Permanent Employees & Retrenchment Effectiv

15-16 May, 2025, THE MAJESTIC HOTEL KUALA LUMPUR

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


Kavitha is a qualified lawyer with over 20 years of experience. She is the founding partner of a legal firm based in Kuala Lumpur. She is a HRD Corp Accredited Certified Trainer.


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

THE MAJESTIC HOTEL KUALA LUMPUR

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 – Problem Employees
  • Module 2 – Misconduct
  • Module 3 – Managing Poor Performance
  • Module 4 – Post Performance Improvement Plan
  • Module 5 – Handling Misconduct
  • Module 6 – Framing Of Charges
  • Module 7 – Domestic Inquiry
  • Module 8 – Mock Domestic Inquiry & Domestic Inquiry Panel Report
  • Module 9 – Punishment/Penalties For Misconduct
  • Module 10 – Legal Obligations In Managing Retrenchment
INTRODUCTION

In today’s dynamic workplace, maintaining discipline while ensuring fair and legally compliant employee management is crucial for organizational success.

This comprehensive training course equips HR Professionals, Managers, and Business Leaders with the knowledge and skills to effectively Manage Misconduct, Poor Performance, Dismissals, and Retrenchments.

Participants will gain practical insights into managing employee discipline, conducting domestic inquiries, handling probationers and confirmed employees, and executing retrenchment exercises in line with Malaysian best practices and labour laws. Through real case studies, role-playing scenarios, and expert guidance, this course will empower you to make informed decisions that protect both your organization and its employees.

WHO SHOULD ATTEND
  • Heads of Department
  • HR & Employment Managers
  • Senior Managers/Managers
  • Line Managers
  • Non-HR Managers
  • Executives
  • Team Leaders/Supervisors
  • Panel Members of Domestic Inquiry
  • Disciplinary Committees
METHODOLOGY
  • Interactive Lectures & Presentation
  • Real Case Studies
  • Role-Plays
  • Questions and Answers Session
DAY 1
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
10.45

MODULE 2 – MISCONDUCT

  • What Is Misconduct?
  • Burden And Standard Of Proof
  • Types Of Misconduct
    - Major Misconduct
    - Minor Misconduct
  • Aspects Of Misconduct
    - Provocation Of Misconduct
    - Condonation Of Misconduct
  • Step By Step Guide On How To Handle Absenteeism, Habitual Late Coming And Excessive Medical Leave With Case Studies Decided By The Industrial Court
12.00

MODULE 3 – MANAGING POOR PERFORMANCE

  • Definition Of Poor Performance
  • Context Of Work Performance – To Identify
    If The Work Performance Is Based On Lack Of Skills Or A Behavioural Issue
  • Managing Poor Performers
    - Step 1 : Detect
    - Step 2 : Intervene
    - Step 3 : Follow Up
  • Scope And Coverage Of Performance Improvement Plan
1:00 Lunch
2:00

MODULE 4 – POST PERFORMANCE IMPROVEMENT PLAN

  • Post PIP
  • Consequences Of Not Meeting Required Standards
  • Recommendations
    - Issuance Of Caution Letter
    - Issuance Of Warning Letter
    - Disciplinary Proceedings
  • Key Requirement That Must Be Included In A Caution Letter And Warning Letter
  • Group Exercise - How To Prepare Warning Letter
3:45

MODULE 5 – 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
  Summary & Wrap Up for Day 1
5:00 End of Day 1
DAY 2
9:00

MODULE 6 – FRAMING OF CHARGES

  • How To Frame A Charge
  • Sample Charges
  • Group Exercise – Frame A Charge
  • Preparing Show Cause Letter
  • Preparing The Charge Sheet/Notice Of Domestic Inquiry
10.45

MODULE 7 – 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
  • Allocation Of Roles For Mock DI
1:00 Lunch
2:00

MODULE 8 – MOCK DOMESTIC INQUIRY & DOMESTIC INQUIRY PANEL

  • Mock DI Proceedings
  • Deliberation Of Findings
  • How To Write Domestic Inquiry Panel Report
3:45

MODULE 9 – 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
 

MODULE 10 – LEGAL OBLIGATIONS IN MANAGING RETRENCHMENT

  • Principles Of Retrenchment
  • Justification For Reorganization
  • Establishing Redundancy
  • Selection Process And Guidelines
  • Departure From LIFO Principle
  • Code Of Conduct Industrial Harmony
  • Retrenchment Benefits
5:00 End of Course