Course Fee
RM 1, 200 (inclusive SST) per participant
Please refer the registration link according to the venue at the table inside the brochure.
22 March 2023 - Crystal Crown Hotel, JB, Johor
INTRODUCTION / OBJECTIVES
The recent Amendments to the Industrial Relations Act 2020 has a significant impact in the handling of cases at the Industrial Court. This programme is specially designed to equip participants with an in-depth knowledge and understanding of the vital steps that they must take in order to win their cases at the Industrial Court and at the Appellate Courts if taken up by way of Judicial Review/Appeal.
WHO SHOULD ATTEND?
• Human Resource/ Industrial Relations Practitioners
• Department Heads – especially those who may be required to serve as Inquiry Officers/Panel Members at the Domestic Inquiry
• Personnel at the Management Level such as CEOs, Managing Directors and Department Heads involved in decision making relating to Proportionality of Punishment which could result in dismissals of employees
• In house company Lawyers, Practicing Lawyers in Employment and Industrial Relations
BENEFITS TO PARTICIPANTS
Upon completion of the Programme, the participants will be able to gain the following:
• Have a clear and right understanding of the importance of conducting a valid domestic inquiry for major misconducts and its implication wh en conducting cases at the Industrial Court
• Have a clear understanding of the importance of issuing valid show cause/charge letters and its implication when conducting cases at the Industrial Court
• The critical role played by IR/HR Practioners with regard to handling of cases at the Industrial Court
• Importance of maintaining proper documentation of critical documents when dealing with cases before the Industrial Court.
• Able to identify common pitfalls and avoid them when dealing and handling cases at the Industrial Court.
PROGRAMME OUTLINE
Handling of misconduct at Company’s level
• Types of Misconduct (Major/ Minor)
• Investigation of misconduct
• Gathering of relevant evidence
• Issuance of show cause letter
• Drafting of valid charges when issuing a Notice of Domestic Inquiry
• Holding a Domestic Inquiry or a Due Inquiry
• Maintaining of minutes of Domestic Inquiry
• Inquiry Panel decision and its justification
• Recommendations on punishment by Inquiry Panel Whether it is binding
• Punishment imposed by the Company must be proportionate to the misconduct committed
• Conciliation and things to be done by employers at conciliation stage
Handling of a dismissal case at the Industrial Court pre trial procedures
(A) Complying with pre trial procedures
• Burden and Standard of Proof
• Notice of Mention under Form F (Forms A & B)
• Filing of pleadings
- Statement of Case under Form H,
- Statement in Reply
- Rejoinder
• Importance of pleadings
• Amendments to pleadings
• Filing of relevant bundle of documents
• Identifying and relevant witnesses
• Preparation and Filing of witness statements
• Case Management
Handling of a dismissal case at the Industrial Court: trial stage submission stage
B) Trial Stage
• Preparation of witnesses
• Examination of witnesses
• Cross-examination
• Re-examination
(C) Submission Stage
• Oral
• Written Submission
Handling of a dismissal case at the Industrial Court: Judicial Review/Appeal stage
*For more information, please click and refer to the brochure.