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2-Day Course Termination and Dismissal ~ A Humane Approach 25 & 26 May 09 (Confirmed Session) (9.00 am to 5.00 pm) Hotel Singgahsana Petaling Jaya Objectives : - v Know how to handle all termination cases confidently and effectively. v Learn how to identify ground for termination /dismissal. v Finding out how to impose appropriate decision without infringing the legal requirement. v Familiarizing yourself with the accepted conditions / criteria for termination. v Learning how to implement Termination and Separation cases hassle-free. v Understanding the core requirement in handling and initiating termination, including non-performance. Course Contents : BACKGROUND Historical Background Labour Laws - Introduction Definitions - Employee and Workman Effects of First Schedule UNDERSTANDING CONTRACTS Contract of Service Contract for Service Fixed-Term Contract Project Basis Working Contract WORKING HOURS Hours of Work Normal Working Hours Flexi Hours Abuses and Control Overtime - Control/ Refusal UNDERSTANDING AND IMPLEMENTING Sect. 14 EA’55 – effects Sect. 15(2) EA’55 Sect. 69 EA’55 Sect. 20 IRA ’67 Sect. 23 EA’55 Sect. 12 EA’55 MISCONDUCTS/OFFENCES Defining and Implementing Effects of Misconducts Minor/ Major/ Serious Misconducts Effects - Habitual/ Occasional Misconducts Company’s Culture - Do’s / Don’ts TERMINATION AND DISMISSALS Defining and Interpretations andProcedures Control and Implementation It’s applications – when and how Circumstances and Conditions EMPLOYEE PERFORMANCE Definitions The 3 ‘TESTS’ Non-Performance/ Inefficiency REINFORCE DAY 1 MATTERS Principles of Natural Justice Letter of Explanation / Show-cause “Opportunity of being heard” - Define The Due Inquiry? LAWFUL TERMINATIONS – CRITERIA Misconducts Non-compliance Poor performance / Inefficiency Insubordination/ Indiscipline Negligence Cessation / Closure of Business Malingering / M.I.A. Frustration of Contract Repudiation of Contract Morality / Reputation Fixed Term Contract Constructive Dismissal VictimizationMedical / Health Reasons Admission / Confession of a Crime Breach of Contract Abuse of Benefits Natural Recourse Detention by Authorities Retirement - Force / Compulsion DISMISSAL / TERMINATION ~ SPECIAL CIRCUMSTANCES Forced Resignation Resignation under Compulsion Resignation under Duress Resignation under Threat Conditional Resignation Resignation - Emotion / Anger / Others Termination Simpliciter Absenteeism - Sect. 15(2) EA Conflict of Interest REDUNDANCY AND RETRENCHMENT Elaboration / Understanding Conditions on Implementation Definitions LIFO - Practical Aspects FOLLOW-UP ACTIONS EA’55 and IRA ’67 - Provisions Courts’ - Views/ Findings Right of Appeal Termination and Lay-off Benefits DOMESTIC INQUIRY Appointment of Panel, PO andWitness Roles and Duties Do’s and Don’ts - Proceedings Findings and Penalties Technalities and Faulties - Avoiding Course Leader ~ En. Wan Abu Bakar En. Wan Abu Bakar has more than 27 years of practical and hand-on experience in all facets of Human Resources and Personnel management, Industrial Relations, training and Performance Management as his forte. He was a former Director of Labour, Ministry of Labour (as it was known then) before joining a financial institution in its personnel / Industrial relation Division. He later joined the hospitality / hotel industry as its Director of Human Resources before setting his own consultancy firm. His past experience in a unionized environment enable him to conclude Collective Agreement, practiced his excellent inter- personal skills, labour laws and motivational approach including employee relations. He holds professional and tertiary qualifications and specializes in Industrial / Employee Relations and full spectrum of Human Resources Management. He is a panel member of the Industrial court (representing the Employers) and was one of the pioneer members in drafting the Code in Eradicating Sexual Harassment in the Workplace initiated by the Ministry of Human Resources. As a qualified training consultant registered with PSMB, he is actively being sought after to conduct in-house and public programmes. Course Fee:(CLAIMABLE UNDER HRDF / SBL SCHEME) RM 990.00 per participant RM 940.00 Per Participant for 2 or more participants. Early Bird Discount: Register before : 15 May 09 RM 940.00 per participant RM 890.00 Per Participant for 2 or more participants. (Fees are inclusive of tea break, lunch, course materials and certificate of attendance)
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Termination & Dismissal ~ A Humane Approach
