Employee Misconduct & Disciplinary Procedure

                                        EMPLOYEE MISCONDUCT & DISCIPLINARY PROCEDURE
                                                                          2 DAYS PROGRAMME
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
• Aggravation of Misconduct
• Negligence, Wilful Disobedience, Conflict of Interest, Duty of Care

4) Managing Discipline
• The Law on Misconduct
• Company Rules and Regulations
• Code of Conduct for Industrial Harmony (1975)
• Code of Conduct for the Prevention of Sexual Harassment in the Workplace (1999)
• Grievance Procedure

5) Investigating Misconduct
• Principle of Condonation
• Provocation of Misconduct
• Contributory Fault
• Can Poor Performance be attributed to Misconduct?
• Taking Statements from Concerned Parties

6) Domestic Inquiry Sequence
• Show Cause
• Is Suspension from Work Necessary?
• The Notice of Inquiry and Charge Sheet
• Can a Charge be Amended?

7) Conducting the Inquiry
• Panel of Inquiry
• Applying the Principles of Natural Justice
• Report of Findings

8) Punishment for Misconduct
• Punishing Authority
• Principle of Mitigation
• Principle of Substantive Justice
• Dismissal from Service and Lesser Punishment

9) Industrial Court Awards and Superior Court Judgements on Misconduct and Punishment

Methodology
Industrial Court Awards and Superior Court Judgements shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.
 

Facilitator’s Profile

Gerard R. Sankar   view profile

 
Related Involvements

His related involvements include:

• Employer Panel Member of the Industrial Court of Malaysia (3rd Term)
• Employer Assessor in the SOCSO Appellate Board (2nd Term)
• Elected State Committee Member of Federation Malaysian Manufacturers (FMM Johor) since 1991 and Vice-Chairman
• Elected Chairman of the Malaysian Employers Federation (MEF Southern Region) since 1997