HANDLING MISCONDUCT & CARRYING OUT A DOMESTIC INQUIRY (2 DAYS)
By Mr. Cyril Pagadala -23 & 24 September 2019, 9:00am To 5:00pm
Kuala Lumpur
(100% Claimable From HRDF/PSMB)
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 programme shows how to handle cases of misconduct and indiscipline by employees and take ‘natural justice’ and legal disciplinary action including a domestic inquiry to try to prevent cases going to the Industrial Court.

At the end of the programme, participants will have a better understanding of the industrial relations process

FAQ: Will participants receive a copy of all relevant documentation?
ANSWER: YES.

LEARNING OUTCOMES
At the end of the programme, participants are able to:
  • Differentiate between minor and major misconduct
  • Carry out the various steps in handling 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
WHO SHOULD ATTEND
  • HR Managers
  • HR Executives
  • HR Assistants
LEARNING APPROACH
  • Major case study, interactive discussions, role play, presentations
DURATION

14 Hours, 2 Days.

COURSE OUTLINES :-
  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
Your Trainer

Mr. Cyril Pagadala comes with many years of real hands-on work experience in Human Resource Management, Industrial / Employee Relations, Payroll Management. Cyril has a BA in English and an MA in Human Resource Management. He is a lecturer and corporate trainer now for many years.

His work experience covers various industries such as the banking, manufacturing, hospitality and other service industries He has worked for both local and multinationals in both small and large companies. Before he went into training, he was the Director of Human Resource & Administration of a group of companies.

He has gone through the whole gamut of HRM functions and during this period has had to deal with a lot of legal issues. One of his main functions has been to prepare the payroll according to Malaysian law in the various companies he worked with. He is therefore familiar with all the problems and challenges faced by management and problems posed by employees.

Cyril is a serious trainer and he delivers and facilitates the programme in a simple, easy-to-understand way and willingly shares knowledge. Due to his real hard-knock work experience, he is able to provide many simple solutions to work challenges.

He has many repeat clients. Maybe this is due to his simple philosophy: “SHARE REAL WORK KNOWLEDGE”. Perhaps a cue may also be taken from a participant: ‘I NEVER KNEW THIS WAS SO EASY!’.

His participants range from CEOs, senior managers, executives, lawyers and other levels.
Some of the organizations that attended his payroll and similar programmes are: PUNB, G-Tower Sdn Bhd, Brighton Education, United Overseas Bank, Robert Bosch, DRB HICOM, KPJ Klang Specialist Hospital, RHB Bank, Puncak Niaga, Nixus International School, Carigali, Petronas, Jebson & Jesse Packaging, Microlink Solutions, CEFS Response, BATA (M), Credit Guarantee Corporation, Koperasi Wawasan Malaysia Berhad, AIMST University, Technip Geoproduction, Combat Coating, SME Bank, Hitachi Construction, Ogilvy & Mather, Signature Manufacturing, Pelita Holdings, Construction Labour Exchange Centre, Labuan Reinsurance, Jurukur Perunding Services, Pulai Springs Resort, CIBA Vision, M-Fischer Tech, Petrochemicals (M) Sdn BHd, Season Confectionery & Bakery, Anika Insurance Brokers, Ricoh, Securities Services Holdings, White Quest Technologies, Residence Hotels & Resorts, MBF Printing, SEGI Education Group, Hospital Paman An-nur, Goodyear, Balfour Beatty Ansaldo Systems JVC, Hitachi Cable PS Techno, Malaysia Automotive Institute, MAHSA University College, Rawang Specialist Hospital, Perbadanan Nasional Berhad (PNB), Kenderaan Labu Sendayan, Indah Water, Financial Mediation Bureau, Prostar Engineering, Kedah Medical Centre, Macro System Consultancy, Great Estern Life Assurance, UCSI Group, KL Airport Services, Mont Kiara International School, Shin Yang Sarawak, Affin Bank, Nexus Software Solutions, Menta Construction, BERNAS, Kopetro, Iskandar Regional Development Authority, Mah Sing Plastics, UTMSpace, MNJB Reality, SDV Transport, Institute of Bankers, Koperasi Kakitangan Petronas, F & N, Tropical Resort Lifestyle, We Beauty Life Store, Central Hypermarket, Giga Engineering & Construction, SME Corp, Smilelink Dental Group, International Federation of Red Cross & Red Crescent Societies, AerospaceTechnology Systems Corp, YP Plantation Holdings, Northport, Rotiboy Bakeshoppe, Antah Insurance, Sapura Industrial, Hospital Pusrawi, Susu Lembu Asli Marketing, Bank Perbangunan, Macfood Services, AKPK (Agency Kaunseling & Pengurusan Kredit), Nanyang Sinag Pau, Hyatt Regency Kuantan Resort, Bank Muamalat, Petronas Gas, Suruhanjaya Tenaga, Quality Hotel, PBJV Group (oil and gas), Jobstreet, Dresser-Rand, Maju Home Furnishing, Albukhary International University, Petronas Penapisan, Cosmopoint, Sapuracrest Petroleum, Kolej Yayasan Sabah, Secret Recipe, Remitmaster, NSTP, New Pantai Expressway, Pacific Insurance, JW Marriot, VOLVO, Otohub, Micasa All Suite Hotel, See Hup Transport, Tanaka Electronics, Osram, Fairview International School, Roopi Medical Centre, STAR Publications, Oracle, Shima Electronics, Sabah Economic Development & Investment Authority, The Coffee Bean, KL Regional Centre for Arbitration, Amanah Raya, United Malayan Land, Scomi Group, Blue Archipelago, Unilever, Hitachi Transport System, Paramount Inn Sibu, Oriental Inn Sibu, Swiss Garden Hotel, Amway, DHL, Sungei Wang Plaza Management, FELDA, Bank of China, Technology Park, Jotun Paints, Perbadanan Pembangunan Pertanian, Ranhill Worley Parsons, Bank Rakyat, Kementerian Kewangan Sabah, TH Travel & Services, CELCOM Axiata, Asia-e University, Pharmaniaga, University Tun Hussain Onn, Baker Hughes Services Royal Selangor Club, Ph King Jewellers, DBKL, Wyann International, China Press, Shoon Fatt Biscuit, Taylors Education Group, U-Mobile, Bank Simpanan Nasional, Red Tone, PERODUA, Godell, Airod Turbopower, Honda, Clara International Beauty Group, Malaysia Merchant Marine Berhad, SEDC Sarawak, Cargill Palm Products, Malaysia Smelting Corp, ICI paints, SIME Engineering, Utusan Melayu, Star Cruises, EPF, Bank Pertanian, Malaysian Business Pages, Toshiba, Ornasteel, CCM Chemicals, Euratech Sdn Bhd, Kudrat Marine, STT Technologies, EON, Malakoff.

Course Fee
(Course fee is inclusive of 2 tea breaks, lunch, course material,Certificate of Attendance)
1 person ~ RM 1378 / pax
2 persons or more ~ RM 1272 / pax
(Course fee is inclusive of 2 tea breaks, lunch, course material, Certificate of Attendance and 6 % Service Tax )
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