Employee Misconduct and Disciplinary ProceduresPosted Date : 12 Aug 10
Introduction
The enforcement and maintenance of industrial discipline is an integral management function in any business enterprise, especially organizations with a medium to large employee headcount. Proper disciplinary management not only preserves employee morale but also contributes to workplace productivity.
Objective
To provide participants with knowledge, ‘hands on' skill and approach in managing disciplinary issues
Content
1) The Employer-Employee Relationship
2) Understanding the Contract of Service
Employee's Obligations
Impact of Legislation, Case Law and Codes
Management Prerogatives and Employer's Rights
3) Definition of Misconduct
Types of Misconduct
Analyzing Misconduct.
Establishing Level of Severity
Negligence and Wilful Disobedience
4) Managing Discipline in a Unionised and Non-Unionised Environment
5) Establishing a proper Disciplinary Procedure
The Law on Misconduct
Code of Conduct for Industrial Harmony (1975)
Code of Conduct for the Prevention of Sexual Harassment in the Workplace (1999)
Distinguishing between a Grievance and act of Misconduct
6) Investigating a Misconduct
Principle of Condonation
Provocation of Misconduct
Contributory Fault
Can Poor Performance be attributed to Misconduct?
Taking Statements from Concerned Parties
7) Domestic Inquiry Sequence
Show Cause
Is Suspension from Work Necessary?
The Notice of Inquiryand Charge Sheet
Can a Charge be Amended?
8) Conducting the Inquiry
Panel of Inquiry
Applying the Principles of Natural Justice
Report of Findings
9) Punishment for Misconduct
Punishing Authority
Principle of Mitigation
Principle of Substantive Justice
Dismissal from Service and Lesser Punishment
10) Industrial Court Awards and Superior Court Judgements on Misconduct and Punishment
Methodology
Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.
Facilitator's Profile
Gerard R. Sankar
Gerard holds a Bachelor's Degree in Political Science and a Diploma in HR Management. He also attended GE's Human Resource Program for Asia Pacific in Beijing in 1994 and is a Certified PSMB Trainer.
In his 28 years as a Human Resource and Industrial Relations Practitioner, Gerard served at various times in major multinational and locally incorporated manufacturing companies in Johor. From 1994 - 2006, he was the Human Resource/Administration Manager of a multinational company in Johor Bahru and after that formed Gerard & Associates Sdn. Bhd., a Human Resource/Industrial Relations Consulting and Training Company.
His experience covers the entire spectrum of Human Resource, Industrial Relations and Administration Management. He has also successfully represented various companies in labor and industrial relations arbitration as well as leading the management team in Collective Bargaining negotiations.
Gerard currently consults for multinational and local organizations. They include companies listed in the Malaysia and Singapore Stock Exchange. Participants at his training programs have included employees from major manufacturing companies e.g Flextronics, VS Industry and Felda Oil Products. Others include organizations like Starbucks Coffee, Bonia, Seri Malaysia Hotel (Genting Highlands), Landmarks, MCSB Systems (Penang) and The Malaysian Medical Association.
Since 1991, Gerard has served as an elected Committee Member of the Federation of Malaysian Manufacturers (FMM) Johor, and a Vice-Chairman since 1997. He has been elected successively as the Southern Region Chairman of the Malaysian Employers Federation (MEF) since 1997 and sits in the MEF Industrial Relations Panel.
He serves as a Panel Member (Employer) of the Industrial Court of Malaysia (third term), and as an Assessor in the Appellate Board of SOCSO (second term).
HRDF - SBL CLAIMABLE
Venue, Date and Time
9.00 am - 5.00 pm
22 and 23 September 2010 (Wednesday & Thursday) Park Royal Hotel, Jalan Sultan Ismail, 50250 Kuala Lumpur
Course Fee: RM 1,200.00
Course fee includes 2 tea breaks (morning and afternoon), a lunch, course material and certificate of attendance
Early Bird and Group Discount
Register and pay up at least 3 weeks before the event and enjoy a discounted fee of RM 1,100.00. Group of 3 or more participants from the same company will enjoy a 10% discount on the applicable fee.
