Employment Law Programme
Stay compliant and legally protected with Employment Law Programme, a 2-day instructor-led workshop that provides practical insights into Malaysia’s employment law landscape.
This program explores major Industrial Court decisions, landmark Federal Court rulings, and real case studies to help participants avoid costly compliance mistakes. Covering areas such as probation, poor performance, sexual harassment, constructive dismissal, and termination procedures, the course also guides participants through proper domestic inquiry steps and disciplinary processes.
Designed for HR leaders, managers, and decision-makers, this course ensures participants understand their legal obligations under the Employment Act 1955 and related laws — empowering them to make informed, lawful HR decisions.
The Industrial Court throughout 2023 handed down several Landmark awards, wherein, the Court highlighted many shortcomings, amongst others:
- Failure to frame charges with essentials details of the alleged Misconduct.
- Failure to follow procedures for conducting a Domestic Inquiry
- Failure to take into consideration mitigating factors before imposing Punishment.
- Failure to consider Proportionality in imposing Punishment.
- These short coming have resulted in the Court ordering compensation running into a few million ringgit per case.
Fixed Term Contract-In Syed Hizam Alsagoff v. Cahaya Mata Sarawak Bhd
- The company did not renew the Term Contract because of allegations of financial mismanagement.
- The said dismissal was held to be without just cause.
- Company was ordered to pay the Claimant over Three Million Five Hundred Thirty-Four Thousand One Hundred Forty-Four Ringgit (RM3,534,144.00), probably the highest compensation to date.
Absenteeism, Abuse of Medical Benefits; sleeping on duty and related misconduct- Shantini Paramasivam; Husin Zakaria
- The Industrial Court in several decisions has said that punishment of dismissal is justified provided procedures to deal with misconduct are complied with.
Poor Performance – Cliford Lawrence Patrick v. MIMS Group of Companies
- Allegation of unable to meet-sales target and lack of strategic, skills.
- Offered Mutual Separation which Claimant rejected
- Placed under PIP and dismissed thereafter.
- The company failed to evidence to justify for PIP and dismissal.
- Court order compensation of RM2million
Consuming Drugs – Azlan Jaafar v. Sarawak Media Group Sdn Bhd.
- The Court set out the procedure to be followed in dealing with abuse of drugs and requiring employees to undergo test.
Employee charged under a specific rule but dismissed under a different rule-Sharir Mansor v. Petronas Dagangan Berhad.
- Manner Domestic Inquiry not conducted per procedures.
- The company ordered to pay RM627,000.00 as compensation for dismissal without just cause and excuse.
Harassment-Kuldeep Singh v. Tobacco Importers and Manufacturers Sdn. Bhd.
- Incident took place at a Club.
- Whether Claimant was in breach of Company Policy on Sexual Harassment.
- The company ordered to pay RM302,400.00 as compensation.
Breach of Company rules and policies.
- The company failed to adduce convincing evidence.
- Company ordered to pay RM156,000.00.
