[01] COURSE INTRODUCTION

Effective disciplinary management is critical to ensuring workplace harmony, productivity, and compliance with employment laws. This comprehensive one-day course is designed to provide participants with a thorough understanding of unfair dismissal, the legal framework surrounding it, and the best practices for managing workplace discipline.

With recent amendments to employment law and increasing scrutiny by the Industrial Court, HR professionals, managers, and employers must be equipped with the knowledge and skills to navigate disciplinary issues confidently and lawfully.

Participants will be guided through legal principles, case studies, and practical procedures, including how to conduct a Domestic Inquiry (DI) and implement progressive discipline in line with the principles of natural justice.

[02] COURSE OUTCOMES

By the end of this course, participants will be able to:

• Understand the legal definition and implications of unfair dismissal under Malaysian employment law

• Identify various types of employee misconduct and apply appropriate disciplinary actions.

• Interpret and apply the Code of Good Practice in disciplinary procedures

• Conduct or participate in a Domestic Inquiry (DI) in accordance with legal and procedural standards

• Differentiate between justified and unjustified dismissals, including constructive dismissal and forced resignation

• Recognize the importance of documentation, consistency, and procedural fairness in disciplinary management

• Navigate the Industrial Court process and understand potential remedies awarded in unfair dismissal cases

• Apply best practices to prevent unfair dismissal and promote

fair workplace discipline

[03] WHO SHOULD ATTEND

This course is ideal for:

• Human Resource Managers and Executives

• Department Heads and Line Managers

• Legal and Industrial Relations Personnel

• Business Owners and Employers

• Supervisors responsible for staff performance and discipline

• Anyone involved in employee management and workplace compliance

[04] METHODOLOGY

This course adopts an interactive and practical approach to learning, including:

• Interactive Lectures

• Case Study Discussions

• Practical Exercises

• Group Activities and Q&A Sessions

[05] DATE, TIME & FEE

Date:    8 May 2025 (Thu)

Time:    9.00am - 5.00pm
Venue:  AC Hotel by Marriott, Kuala Lumpur

FEE

[ HRDF Claimable ]

   - Early Bird Offer (before 20 Apr 2025)      –      RM 860
   - Special Offer (before 4 May 2025)      –      RM 920
   - Normal Fee      –      RM 960

- Fee includes Course Notes, Meals, Certificate of Completion and 8% Service Tax

** OFFER ** 

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

[06] COURSE OUTLINE

Module 1: Foundations of Unfair Dismissal and Workplace Discipline

• Introduction to Unfair Dismissal

• Understanding Legal Framework

• Pre- and post-course learning assessments

• The context of workplace discipline

• Defining employee relations (Contract of employment)

• Common law duties and obligations of employers and employees

• Identify types of misconduct

• Overview of latest amendment to Employment law

Module 2: Domestic Inquiry (DI): Process, Practice & Pitfalls

• Identifying Signs of Unfair Dismissal

• Code of Good Practice

• Understand what is a Domestic Inquiry (DI)

• Learn how to conduct a DI

• Understand the importance of proper conduct of DI

• Learn points that must be remembered at the DI

• Understand what constitutes a defective DI

Module 3: Implementing Workplace Discipline and Managing Misconduct

• Case Studies Analysis

• Handling Unfair Dismissal Cases

• Workplace discipline

• Standards of behaviour

• Purpose of workplace discipline

• Disciplinary penalties

• Various levels of disciplinary action

• Reasons for dismissals

• Corrective discipline

• The concept of progressive discipline

• Principles of progressive discipline

• Informal disciplinary action

• Disciplinary counselling interview

• Labour law amendments and implications for dismissals

• Managing Staff Discipline & Disciplinary Procedures

• Insubordination

• Absenteeism and tardiness

• Negligence of duty

• Right steps to terminate/dismiss an employee

• Principles of natural justice

• Suspension

• Condonation

• Constructive dismissal

• Domestic Inquiry (DI), Documentation, Composition of panel

• DI flow and outcome

• Refusal to attend or absence of accused in DI

Module 4: Industrial Court Process and Best Practices to Avoid Unfair Dismissal

• Best Practices in Preventing Unfair Dismissal

• Types of Industrial court awards, reinstatement, backdated wages, 12/24 months, compensation in lieu of reinstatement, aggravated/ exemplary damages

• Industrial court process

• Forced resignation case study

• Burden of proof on employee

• Constructive dismissal

• Due inquiry

• Ground for dismissal (Misconduct, Poor performance)

• Representation on dismissal. S20 IRA

• Flow chart Industrial court

• Absenteeism and tardiness (Case Study)

• MCQs for participants understanding of topics covered

• Case study to ensure better understanding of topics covered

• Q & A

• Overall summary

End of Training

[07] TRAINER PROFILE

KUNJU KRISNAN NAIR

HRD Corp Accredited Trainer, Ex-Session Court Judge

Kunju Krisnan Nair is a highly experienced professional with a diverse background in the legal and judicial sectors. He holds an LLB Honours degree from the University of London, a Certificate in Legal Practice (CLP) from the University of Malaya, and was called to the Malaysian Bar in 2005. Additionally, he obtained a BSc and Diploma in Education from the University of Malaya.

He served as a senior prosecuting officer with the Customs Department for 10 years. Later he joined the Judicial and Legal Service in 1990 as a Magistrate after obtaining his Bachelor of Laws (Hons) degree from the University of London and was admitted to the Malaysian Bar in 2005. He served as a Deputy Registrar in the High Court from 1996 – 2003 and was subsequently appointed as a Sessions Court Judge in 2004.

Nair was appointed as a Mediator of Financial Mediation Bureau in February 2011, handling all banking disputes related to Electronic Payments, Card-based issues and anauthorised ATM Withdrawals. He was subsequently appointed a Mediator of Ombudsman for financial services, under Bank Negara Malaysia.

With over 30 years of experience in senior management roles, Mr. Nair brings a wealth of knowledge and expertise to his training programs. He has conducted training sessions, covering such diverse topics as unfair dismissal, Domestic Inquiry, Employment Law Amendments Act 2022, safety and health at the workplace, Food Safety, AMLA, ESG, Corporate Liability, Section 17A of the MACC Act, Strata Title Act and Council Management, Protocol and Etiquette, Offenses under the Customs Act, LMW issues, Whistle Blower Act, Statutory contributions, IR and Employer/ Employee relationship. Human Rights, and Sexual Harassment at the workplace. He is currently teaching Business and Company Law on a part-time basis.

Areas of Expertise

• Civil, Criminal & Corporate

• Industrial/Employment Law & Practice

• Education & Training

Employment Credentials

• Session Court Judge

• Magistrate, Deputy Public Prosecutor & Deputy Registrar, High Court of Kuala Lumpur

• Ombudsman, Bank Negara Malaysia

• Examiner, Legal Profession Qualifying Board, Malaysia

Qualifications

• LLB (Hons), University of London

• Certificate of Legal Practice (CLP)

• PSMB Certified Trainer

Consulting Experience

• Bank Negara Malaysia specializing in Alternate Dispute Resolution (Mediation)

• Institute of Judicial and Legal Training Centre (ILKAP)

[08] ENQUIRY & REGISTRATION

Enquiry: yes@sst2u.com

Contact:

   - Whatsapp Only (012 - 824 8874)
   - General - (03 - 8604 7270)
   - Teo (011 - 3178 9203)
   - Logesh (012 - 503 0346)
   - Siti (012 - 383 8603)
   - Nisa (019 - 851 5134)

Learn more about human resource training Here