Handling Misconduct & Carrying Out A Domestic Inquiry Workshop by Pagadala Cyril Papiah
Date: 1 & 2 August 2018 (Wednesday & Thursday)
Time: 9:00am to 5:00pm
Venue: Hotel Melia Kuala Lumpur (Across From Berjaya Times Square)
Introduction:

Disciplinary action is the last resort in maintaining order in an organization. Some organizations do not take action for fear that if the action is not taken according to proper legally accepted procedures, it may backfire  

This workshop shows how to handle cases of misconduct and indiscipline by employees and take ‘natural justice’ and legal disciplinary action including a domestic inquiry to prevent cases going to the Industrial Court. 

Participants will have a better understanding of the industrial relations process.

Objectives:

At the end of the workshop participants are able to:

• Carry out the various steps in handling misconduct
• Differentiate between minor and major misconduct
• Handle different types of cases
• Handle sexual harassment
• Write appropriate ‘disciplinary’ letters and deliver verbal warnings 
• Conduct a professional Domestic Inquiry 
• Draft a proper set of minutes of the DI  
• Handle dismissal cases at the Industrial Relations Department
• Make decisions in line with principles set by the Industrial Court

Program Content:

1) Introduction 
• Difference between Domestic Inquiry and Industrial Court?
• Do we conduct an inquiry in every case?
• Steps in Disciplinary Action and Appeal Process

 2) Major and Minor Misconduct
• Critical roles of handbooks, rules, and standard operating procedures 
• Principles in drawing up rules and regulations
• What is major misconduct?
• How to classify major misconduct
• How minor misconduct becomes a major misconduct   

3) 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  

4) Sexual Harassment
• Definition of sexual harassment
• Process of reporting sexual harassment
• Role of employer and DG of Labour
• Investigation and action 

5) 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

6) 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 
• Preparing the minutes of Inquiry
• The powers of the Inquiry Panel

7) Decision making in Inquiry
• Factors to consider in making decision
• What is appeal board?
• What to consider in appeals  
• Process of appeal

8) Industrial Court 
• Who can appeal to Industrial Court?
• Method of appealing

9) CASE LAW: Precedents Set By Industrial Court Cases
• Absenteeism
• Constructive dismissal
• Who is a workman?
• Unfair dismissal

Methodology:
Major case study, interactive discussions, role play, presentations
Who Must Attend:
ALL Human Resource Personnel
Investment Fees:
RM1,888.00 + 0.00% GST per participant (Standard Fee)
RM1,588.00 + 0.00% GST per participant (Early Bird Fee, register by 23 July 2018)

Group incentive: Register 3 participants from the same organization, the 4th participant is FREE. (Buy 3 Get 1 Free)
Registration:
There are 3 methods to register for this training:
  1. Kindly click here for online registration. Register Now.
  2. Kindly download this registration form, and fill up all the particulars. Please fax back to +6-03-6270-9993. Click here to download Registration Form (44KB).
  3. Call us to register. Tel: +6-03-6270-9883.
Notes:
This Training Programme is SBL Claimable *Subject to PSMB conditions.

Pembangunan Sumber Manusia Berhad (PSMB)We Are An Approved Training Provider Under SBL Scheme With Pembangunan Sumber Manusia Berhad (PSMB/HRDF)