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Managing Termination of Employment: Poor Performance, Misconduct & Retrenchment

Expert Speaker Cyril Pagadala

MYR901.00 (including SST)

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Overview

Wolters Kluwer Executive Events presents a one-day workshop on how to handle poor performance of employees, misconduct and retrenchment. This also touches on the special handling of probationers, so that employers will not be accused of wrongful dismissal.

Employees who fall under the Employment Act 1955 will need to be given the right notice of termination and compensation. Under the Industrial Relations Act 1967, any form of termination /dismissal can be referred to the Industrial Court. There are procedures of ‘bona fide’ or ‘good faith’ and ‘good intention’ to be followed before any form of termination/dismissal can be carried out. Failure to follow these procedures can result in the employee being reinstated to his former employment and compensation awarded.   

This programme is focused on ensuring that any termination is done following the law to try to prevent cases of wrongful dismissal or retrenchment. This programme also will be useful to all managers and executives who deal with employees

What You Will Learn

At the end of the workshop, you will:

  • Understand on how to draw up effective performance improvement plans (PIP) for poor performers
  • Counsel employees professionally
  • Decide on disciplinary action on habitual bad performers 
  • Identify major and minor misconduct 
  • Master the disciplinary action for misconduct 
  • Conduct a domestic inquiry professionally 
  • Carry out a retrenchment exercise and pay appropriate compensation
  • Work out tax issues in compensation for retrenchment   

Who Should Attend

This workshop is suitable for:

  • HR Managers / Executives
  • Line Managers / Executives
  • Non-HR Managers / Executives  
  • Domestic Inquiry Panel Members

Programme Outline

  • Linking Poor Performance to Performance Improvement Plans (PIP)
    • Setting targets for improvements
    • Following up on performance
    • Appraising employees after targets

  • Performance Counselling
    • Describing the problem or area of concern
    • Counselling VS Advising
    • Drawing up an action plan
    • Competencies for an effective counsellor

  • Linking Bad Performance to Disciplinary Action
    • Types of disciplinary actions
    • When can disciplinary action be taken? 
    • Can we dismiss employees for poor performance?
    • Other disciplinary action for poor performance 
    • Precautions to be taken before disciplinary action

  • Special Issues of Performance Appraisals for Probationers
    • How often to appraise probationers?
    • Are the performance criteria different for probationers?
    • How many probation reports before confirmation?
    • How to terminate services of probationers due to unsatisfactory performance?

  • Legal Implications
    • Case for rightful & wrongful dismissal
    • Due process
    • Natural justice 

  • Major and Minor Misconduct
    • What is major misconduct?
    • How to classify major misconduct
    • How minor misconduct becomes a major misconduct
    • Steps in disciplinary action

  • Types of Misconduct
    • Malingering
    • Tardiness
    • Poor or inefficient job performance
    • Absence without approval
    • Absence before or after PH
    • Absence from the workplace 
    • Excessive MC
    • Disobedience
    • Insubordination
  • Sexual Harassment
    • Definition of sexual harassment
    • Process of reporting sexual harassment
    • Role of employer and DG of Labour
    • Investigation and action 

  • Verbal and Written Warnings
    • 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

  • The Domestic Inquiry Proceedings
    • The actors?
    • What can the employer and employee do?
    • Pitfalls in carrying out a Domestic Inquiry 
    • Ensuring that the Inquiry is smooth 
    • The powers of the Inquiry Panel
  • Retrenchment Management
    • Smoothening the retrenchment process
    • Notice period
    • Retrenchment compensation
    • Employment Insurance System (EIS)
    • Taxation issues
  • CASE LAW: Some Precedents Set by Industrial Court Cases
    • Absenteeism
    • Constructive dismissal
    • Who is a workman?
    • Unfair dismissal

Expert Speaker

Cyril Pagadala has a BA (English) and MA (Human Resource Management). Cyril has vast real work experience, in local and multinational companies, of more than 18 years in the field of Human Resources Management, Administration and Operations in various industries: banking, manufacturing, hospitality, tourism, and publications. He last held the position of Director of Administration and Human Resources. During this period, he was exposed to all areas of human resource management from recruitment to termination / dismissal. He brings this experience to all his training programmes. 

He then went on to become a lecturer and is now a corporate trainer in human resource management, customer service, business communication and English since 2007. He is also a lecturer for the OUM degree programme in Human Resource Management hosted by the Malaysian Employers Federation (MEF). He also has trained a wide range of organizations

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