Managing Poor Performance, Performance Improvement Plan (PIP) & Termination Of Employment

19-20 Jun, 2025, CONCORDE HOTEL KUALA LUMPUR

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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

CONCORDE HOTEL KUALA LUMPUR
2 Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia,
Phone : +603 2144 2200

https://kualalumpur.concorde hotelsresorts.com/

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
Session 1: Managing Poor Performance & Performance Improvement Plan (PIP)

 

  • Introduction
  • Procedural Requirement
  • Actions Before PIP
  • Obligations Of The Appraiser
  • PIP
  • Letters – Poor Performance
  • Duration Of PIP
  • The Pitfalls
  • Case Laws On Poor Performance
  • PIP In Progress
  • Other Issues
  • Case Study And Filling of PIP Form

Session 2: Termination of Employment

  • Statutory Provisions
  • Medically Unfit
  • Termination of a Probationer
  • Termination for breach of contract
  • Retrenchment
  • Frustration of Contract
  • Fixed Term Contract
  • What is Constructive Dismissal
OVERVIEW
Industrial Court Awards and GUIDELINES will be used throughout the course.
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding And Knowing What Is Poor Performance.
  2. Applying The Principles Of Performance Improvement Plan (PIP).
  3. Knowing And Applying The Law On Managing The Poor Performer.
  4. Motivating And Retaining Good Employees.
  5. Understanding And Knowing How To Write Letters Concerning Poor Performance And PIP.
  6. Managing Terminations Effectively Leading To Higher Productivity.
  7. Motivating Employees And Instilling A Sense Of Belonging.
  8. Avoiding High Cost Of Litigation.
  9. Arresting Conflicts Successfully.
  10. Creating A Happy Working Environment.
  11. Understanding Employer/Employee Relationship Entailing In Profitability Through Productivity.
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 Laws will be used throughout the course.
DAY 1
9:00

INTRODUCTION

  • What Is Poor Performance?
  • Is It A Misconduct?
  • What Is PIP?
  • When To Initiate PIP

 

PROCEDURAL REQUIREMENT

  • High Court Case
  • The Requirement Of Warning.
  • Ensure Job Requirements And Performance (Refer To KPI Based On JD)
  • Measure Clear And Communicated
  • Review The Performance (See PIP Form)
  • Documentary Evidence
10.45

ACTIONS BEFORE PERFORMANCE IMPROVEMENT PLAN (PIP)

What Evidence Must There Be Before
Placing An Employee On PIP? (Industrial
Court Guidelines).

  • Job Expectation KPI’s (SMART Principles And Targets) Based On JD
  • Workshop Session KPI Form
  • Confirm That Employee Is A Poor Performer
 

OBLIGATIONS OF THE APPRAISER

  • Adequate Support And Supervision
  • Fair Appraisal
  • No Victimization
12.00

PERFORMANCE IMPROVEMENT PLAN (PIP)

  • Written Policy On Poor Performance (Refer Sample)
  • Refer To Flow Chart (Sample)
  • The Performance Appraisal Form (Sample) Workshop
  • The PIP Review Form (Sample)
  • Training And Guidance Given (Recorded)
  • Termination If No Improvement. (Termination Benefits Payable?)
  • The DO’s And Don’ts
 

LETTERS – POOR PERFORMANCE

  • Letter of Warning
  • Notice for PIP
  • Areas of improvement
  • Successful completion
1:00 Lunch
2:00

DURATION OF PERFORMANCE IMPROVEMENT PLAN (PIP)

  • Probationers
  • Confirmed Employees
 

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
  • Communication
3:45

CASE LAWS ON POOR PERFORMANCE

  • Industrial Court Precedents Will Be Explained Where Necessary.
 

PERFORMANCE IMPROVEMENT PLAN (PIP) IN PROGRESS

  • Design & Contents Of The PIP Form
  • Writing Of PIP Contents
  • Training – Skills And Knowledge Related Tasks
  • Follow Up
  • The DO’s & DON’T’s Of PIP (Words To Use And Not To Use)
  • Actual Performance Review - Monthly, Bi- Weekly Or Weekly Update
  • Performance Appraisal
 

OTHER ISSUES

  • Bonus / Increment Is A Person Under PIP Eligible For Bonus / Increment?
 

CASE STUDY AND FILLING OF PIP FORM

- Writing Of Weaknesses (SMART Principle Based)
- Writing Of How To Improve.
- Doing The PIP Reviews.
- 2-Way Communication

5:00 End of Day 1
DAY 2
9:00

STATUTORY PROVISIONS

  • The Employment Act 1955
    - Various Sections Of The Act
    - Termination Benefits Regulations
  • Industrial Relations Act 1967
    - s 2, 10, 20
10.45

MEDICALLY UNFIT

Termination On Medical Grounds.
• Always On Medical Leave?
• Actionable Grounds

 

TERMINATION OF A PROBATIONER

  • Can You Terminate A Probationer?
  • Industrial Court Guidelines
 

TERMINATION FOR BREACH OF CONTRACT

  • Under What Conditions?
 

RETRENCHMENT

  • Principles
  • Code
  • Consequences And Remedy
1:00 Lunch
2:00

FRUSTRATION OF CONTRACT

  • Principles
  • Application In Employment Law
 

FIXED TERM CONTRACT

  • What Is F.T.C.
  • Contract, Casual, Probationary Workers
  • Termination Benefits Payable?
3:45

WHAT IS CONSTRUCTIVE DISMISSAL

  • Rights Of Employee
  • Rights Of Employer
  • When Are Rights Lost?
  • Who Is To Prove
5:00 End of Course