[Kuala Lumpur, NEW] Handling Dismissal Cases At The Industrial Court of Malaysia
Course Information
  • 04-Jun-2024
  • Courtyard By Marriott, Kuala Lumpur South
  • Dave Muniswar M
  • English
  • RM 2,900 RM 2,700
    Until 30 May 2024
  • 9:00am - 5:00pm

[01] COURSE INTRODUCTION 

Section 27(1)(b) of the Industrial Relations Act 1967 (IRA) allows an employer to appear himself or be represented by his duly authorized employee in any proceedings before the Industrial Court. Section 27(1)(c) of the IRA allows a workman to represent himself in any proceedings before the Industrial Court. 

This masterclass training/ workshop will facilitate the parties whether being employer or aggrieved employee to have a full understanding of how a case commences at the Industrial Court until it is heard and finally disposed of when the Industrial Court hands down an Award. The various stages in the process of handling dispute at the Industrial Court will be explained comprehensively and practically to enable the parties to conduct the case with professionalism at the Industrial Court. 

 

 

[02] COURSE BENEFITS 

After attending this comprehensive course, you will be able to:
• Represent your Company or Self with regards to industrial dispute at Industrial Court of Malaysia
• Understand each stage of the proceedings fully from conciliation at Industrial Relations Department to Court Award at Industrial Court
• Prepare all relevant documents and submit to Industrial Court before hearing
• Conduct examination-in-chief, cross-examination and re-examination at the hearing
• Prepare written submission at the end of the hearing 

 

[03] METHODOLOGY 

Interactive lecture, Case study, Discussion and Practical Activities. 

 

[04] WHO SHOULD ATTEND 

CEOs, General Managers, Directors, HR Practitioners, Head of Departments, Unit Heads, Managers, Executives and Officers handling industrial relations functions. 

 

[05] DATE, TIME & FEE

Date:    4-6 June 2024 (Tue-Thu)

Time:    9.00am - 5.00pm
Venue:   Courtyard By Marriott, Kuala Lumpur South

 

FEE

[ HRDF Claimable ]

     - Early Bird Offer (before 16 May 2024)         -         RM 2500
     - Special Offer (before 30 May 2024)         -         RM 2700
     - Normal Fee - RM 2900

 

>> Fee includes Course Notes, Meals, Certificate of Completion & 8% Service Tax

 

** OFFER ** 

- 10% Cashback for SST2u Learner Card+ (SLC+) members. T&Cs applied.

 

HRDCorp Claimable Course:
Trainer MyCoiD: 429594X
Course Scheme: HRDCorp Claimable Course
Course Type: Public
Course Code: 

 

[06] COURSE OUTLINE 

DAY ONE 

Module 1: Definition of Workman
• Definition of Workman, Contract of Employment, Contract for Service
• Dispute whether he is a workman

Module 2: Representation on Dismissal 

• Section 20 of IRA 

• Conciliation Meeting
• About Industrial Court
• Function of Industrial Court
• Burden and Standard of Proof
• Remedies in Industrial Law
• Doctrine of Proportionality of Punishment 

Module 3: Notice of Mention of Case Before the Industrial Court 

• Role of Registrar of Industrial Court
• Form F, Form A, Form B and Form H
• Section 27(1): Representatives in Industrial Court 

• Presence of parties at the mention date
• Directions given by the Chairman
• Case Management 

Module 4: Pleadings in the Industrial Court 

• What is pleading? 

• Objectives of pleadings
• Parties are bound by their pleadings 

• Amendment to pleadings
• Court Award pertaining to pleadings 

End of Day One 

DAY TWO 

Module 5: Preparing SOC, SIR & Rejoinder 

• Writing Statement of Case (SOC) 

• Writing Statement in Reply (SIR)
• Writing Rejoinder
• Review Samples of Pleadings
• Practical Activity: Writing of SOC, SIR & Rejoinder 

Module 6: Amendments to Pleadings 

• Section 29(g) of IRA 

• Application to Amend Pleadings 

• Case Reviews 

Module 7: Filing of Bundle of Documents
• Industrial Court Rule on Bundle of Documents 

• Guidelines on filing bundle of documents 

• Labelling Bundle of Documents 

Module 8: Writing Witness Statements 

• Selection of Witness 

• Preparing a Witness
• Subpoena
• Adverse inference
• Filing Witness Statement
• Sample Witness Statement of Claimant and Company 

• Practical Activity: Writing Witness Statement 

End of Day Two 

 

DAY THREE 

Module 9: Mediation and Early Evaluation 

• Mediation 

• Early Evaluation 

Module 10: Preliminary Objections at Industrial Court 

• Definition of Preliminary Objections 

• Statutory time limit
• Unqualified Representative of Company / Client 

• Extra-territorial jurisdiction
• When there is no dismissal
• When he is not a workman
• Variance in dismissal date
• Premature representation 

Module 11: The Hearing
• Presenting Evidence at the Hearing 

• Starting the Hearing 

• Examination-in-Chief 

• Cross-examination
• Re-examination 

Module 12: Written Submission
• Objective of Written Submission 

• Contents of Written Submission 

• Bundle of Authority 

Module 13: Court Award
• Sequence of the Proceedings 

• Sample of Court Awards 

Q&A Session & Recap 

End of Training 

 

TRAINER PROFILE 

DAVE MUNISWAR M 

HRDF Certified Trainer, Ex-Industrial Court Panel, Ex-SOCSO Appellate Board Panel 

Dave is a human resource practitioner with over 20 years of experience. He had served reputable local companies and MNCs upon graduating from National University of Malaysia (UKM). He had been appointed as Industrial Court Panel and SOCSO Appel- late Board Panel by the Ministry of Human Resource where he had sat for hearing on trade disputes. 

Dave has been training for the past 15 years and he specializes in employment laws, industrial relations and human resource which are his expertise field. He is well known for designing practical training program that improves organizational effectiveness and individual performance leading to organizations achieving their strategic plans. 

Dave also provides consulting services actively for both employers and employees with regards to industrial disputes. He had represented numerous clients at conciliation meeting, mediation and hearing at Labour Court and Industrial Court. 

He has trained executives and managers from various sectors including manufacturing, hospitality, telecommunications, education, service sector, government agencies and plantations with positive track record from participants. 

As a Human Resource Consultant, he actively provides consulting to many corporate companies. This includes staffing, performance management, disciplinary issues, industrial relations, collective bargaining, collective agreement, succession planning, retrenchment, employee satisfaction surveys, legal compliance auditing, company policies, contract of service, contract for service, training need analysis etc.

 

[08] ENQUIRY & REGISTRATION

Enquiry: yes@sst2u.com

Contact:

  - General - (03 - 8604 7270)

  - Teo (011 - 3178 9203)

  - Logesh (012 - 503 0346)

  - Siti (012 - 383 8603)

  - Han (019 - 323 0507)