Handling NON-Performers, Misconduct & Retrenchment: Domestic Inquiry And Dismissal Workshop by Pagadala Cyril Papiah
Date: 24 & 25 October 2018 (Wednesday & Thursday)
Time: 9:00am to 5:00pm
Venue: Hotel Melia Kuala Lumpur (Across From Berjaya Times Square)
Introduction:
Nobody plans to fail. But employees do fail. So do employers. These are challenges for employers and managers.

The challenges are in the handling of: (a) poor or non- performance (b) indiscipline / misconduct (c) retrenchment of employees and (d) handling of probationers, which requires extra special care.

Any action taken by the employer should not be construed by the Industrial Court as being unfair.

The Industrial Court has laid down many guidelines on how to approach such challenges. All employers and managers must know this. Ignorance is not an accepted excuse at the Industrial Court. 
Objectives:
At the end of the workshop participants are able to:

• Critically assess employee performance and provide adequate rewards for good performers 
• Take necessary action on non-performers
• Handle probationers’ performance from employment to confirmation
• Carry out a retrenchment exercise successfully 
• Carry out the various steps in handling misconduct
• 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 the principles set by the Industrial Court
Program Content:
1 - Performance Management 
• Performance appraisals Vs Performance management
• Importance of performance appraisals and management
• Leader’s role in performance management

2 - Conducting The Performance Appraisal
• The appraisal system
• Conducting the interview 
• Handling the defensive employee
 
3 - Handling Good Performers
• Satisfying the needs of good performers
• What makes for good performance?
• Drawing up talent management plans
• Rewards for performers    

4 - Handling Poor or Non-Performers
• Identifying causes of poor or non-performance
• Drawing up Performance Improvement Plans (PIPs)
• Leader’s role in improving performance 
• Action for ‘hopeless’ cases

5 - HR Documentation for Disciplinary Action 
• 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 - Probationers Need Special Handling
• Probationary period
• Extension of probation
• Non-confirmation of probationers
• Handling poor performance
• Misconduct during probation
• Termination clause in appointment letter

7 - Retrenchment &Termination Issues
• Retrenchment: LIFO principle & VSS
• Forced resignation
• Unfair vs Unlawful dismissal
• Termination of contract
• Compensation

8 - Major and Minor Misconduct
• What is misconduct?
• Classifying minor and major misconduct
• Critical roles of handbooks, rules, and SOPs
• Principles in drawing up rules and regulations
• Types of major misconduct   
• Steps in Disciplinary Action process

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

10 - Conducting Investigations & Gathering Evidence
• Preliminary investigations
• Documentary and non-documentary evidence
• First person evidence
• Hearsay evidence
• Witnesses

11 - The Domestic Inquiry Proceedings
• The actors?
• Rights of employer and employee
• Pitfalls in carrying out a Domestic Inquiry 
• Ensuring that the Inquiry is smooth 
• The powers of the Inquiry Panel
• ‘mala fide’ and ‘bona fide’ issues
• Show-cause letter
• Preparing the minutes of Inquiry

12 - Disciplinary Action 
• Factors to consider in making decision
• Types of disciplinary action
• What is appeal board?
• What to consider in appeals?  
• Process of appeal

13 - Industrial Relations Act 1967 
• Purpose of Industrial Court
• Who can appeal to Industrial Court?
• Method of appealing
• Code of Conduct for Industrial Harmony 1975
• Compensation issues for unfair dismissal

14 - CASE LAW: Precedents Set by Industrial Court Cases
• Absenteeism
• Poor performance
• Probationers
• Misconduct
• Constructive dismissal
• Who is a workman?
• Unfair dismissal

15 - HR Skills for Non-HR Managers 
• Human skills for management
• Understanding human behaviour 
• Why management does not take action?
• Role of Line Managers and Non-HR managers in Discipline Management
Methodology:
Major case-study, minor case-studies interactive discussions, role play on Domestic Inquiry, presentations
Who Must Attend:
• HR Managers / Executives
• HR Administrators /Assistants
• HODs
• Line Managers / Executives
• Non-HR Managers / Executives
• Panel Members of Domestic Inquiry
• Disciplinary Committees
Investment Fees:
RM1,888.00 per participant (Standard Fee)
RM1,588.00 per participant (Early Bird Fee, register by 18 October 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 (177KB).
  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)