WORKSHOP A DETAILS
Title: Managing Difficult Employees at Workplace
By: Dr. S. Selvanathan
Date: 4th July 2019
1) What is Misconduct?
-Effects of single act of misconduct
-Effects of Past Misconducts
2) Criminal Misconduct
3) Type of Misconducts
-Lateness & Absence
-Sleeping on duty
-Failure or refusal to work
-Disrespect & Insubordination
-Threat & Assault
-Theft & Dishonesty
-Duty to serve loyally & faithfully
-Fighting in company premises
4) Effect of statutory declaration
-What is statutory declaration
-Witness statement vs Statutory declaration
5) Punishment for Misconducts
-Minor and Major misconduct
-Misconduct vs serious misconduct
Dr. S. Selvanathan PhD. LLB (Hons) UK, DIP. (HRM) UK has over 25
years’ 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 3 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.
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), creation of Handbooks, Manuals, Managing Misconducts, Etc.
Dr. Selvanathan (PhD,), holds a Law Degree (LB. Hons) (UK), Dip.
HRM (UK), is also a Professional Will Writer.
WORKSHOP B DETAILS
Title: Getting Wrongful Dismissal Claims Right in the Industrial Court
By: Jeya Kumar Vaithilingam
Date: 4th July 2019
1) Managing the Disciplinary Process
a. Preliminary Steps to Investigate Misconduct
b. The Disciplinary Process
i. Show Cause
iii. Domestic Inquiry
3) Referral to Industrial Court
a. Compiling documents and evidence;
i. Letters, Emails, SMS, WhatsApp messages, etc.;
ii. Reports, documents and other evidence;
iii. Relevant witnesses.
b. Engaging with legal counsel
i. Presenting a comprehensive summary of facts;
ii. Identifying relevant evidence
iii. Preparing Pleadings, Bundle of Documents and Witness Statements, etc.
c. The Court Proceedings
i. Presenting evidence before the Court;
ii. Addressing issues arising during the proceedings.
iii. Presenting final submissions
d. After the Award – What next?
i. Judicial Review
4) Case Study / Role Play – Mock Proceedings
Highlights of specific experience & areas of practice Industrial Relations and Employment: advising companies and workers on principles of employment law and rights and liabilities of respective parties; advising on the process and procedures for effective disciplinary and domestic inquiry proceedings. Appearing as counsel at proceedings before the Labour Court and Industrial Court and thereafter on judicial reviews and appeals to the Civil Courts. Advising on and drafting comprehensive employment contracts and collective agreements.
Corporate Insolvency primarily acting on behalf of company liquidators, receivers and managers, and previously special administrators appointed by the national asset management company Danaharta; Actions involving former directors or officers of insolvent companies to claw back assets and funds; Post insolvency restructuring exercises including intercompany settlements; General advisory work, particularly the rehabilitation/ liquidation of abandoned property development projects (including housing development); Advising on solvent liquidations, including members voluntary liquidations and compulsory liquidations of solvent companies.
Corporate advisory and conveyancing including attending to Partnership and shareholder agreements, Joint Venture Agreements, due diligence and drafting necessary documentation for takeovers, mergers or incorporations of private companies; attending to transactions for sale and purchase of shares and/or land and/or building, Advising a wide and diverse array of corporate clients on various matters including matters relating to corporate and contractual liabilities and land as well as issues affecting and/or involving property owners, hoteliers, universities and educational institutes, housing, commercial and industrial property developers, manufacturers and traders and on general commercial matters.
General Litigation including company disputes including shareholder disputes, Land acquisition hearings and references to Court objecting to compensation awards; Planning disputes; Disputes over the ownership and use of land; Construction claims; Landlord and tenant disputes, Banking litigation, libel, medical negligence, contractual disputes, debt collection, contested and uncontested Grants of probate and letters of administration, divorce petitions, guardianship of infants, etc.
(Seminar + Workshop)
WHO SHOULD ATTEND?
CEO’s, Presidents, Vice Presidents, Directors, Heads, Senior Managers, Managers, Executives of:
- Industrial Relations
- Human Resource
- Trade Unions
- Compensation & Benefits
- Performance Evaluation
- Training & Development
- In-House Counsel
- Industry Associations and Employer Groups
- Employee Relations
- All HR Professionals
- Legal Practitioners
Banking & Finance, Oil & Gas, FMCG, Energy & Utilities, Airline, Manufacturing, Chemicals & Petrochemicals, Telecommunications, Insurance, Logistics & Transportation, Entertainment & Media, Tourism & Hospitality, Government Administration, IT & Communication, Food & Beverage, Private Sectors.
1 Complimentary book entitled
“50 Shades of Resignation” authored by Dr. Lum Heap Sum, Author, HR/IR Strategist, Speaker, Entrepreneur.
Free 2 years membership with JobCircle.my (Online Job Portal)
– Members get to post unlimited job postings without any hidden charges.
– Members are updated with all the latest public holidays, given free case summaries and newsletters.
– Members get continuous “Knowledge Improvements” on matters pertaining to HR, ER, IR & Employment Law.
Note: Please email the completed registration form to email@example.com. Payment can be made via bank transfer or cheque in favour of UNI TRAINING ACADEMY SDN BHD. Employers contributing to HRDF may claim the seminar rate subject to a maximum of RM1300 per day. Cancellations made on or before the 24th May 2019 will be subjected to a cancellations fee of RM500 per delegate. There will be no refund for cancellations made after 24th May 2019 and the Management reserves the right to charge full payment for all cancellations made after 24th May 2019.
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