Dismissals (HR)

Course Outline

Module 1: Introduction to Dismissals

• Importance of fair and legal dismissals
• Key employment laws and regulations in Malaysia
• Employer and employee rights

Module 2: Types of Dismissals

• Fair dismissals (capability, conduct, redundancy, statutory restriction)
• Unfair dismissals and legal implications
• Constructive dismissals
• Wrongful dismissals

Module 3: Legal and Regulatory Framework in Malaysia

• Employment Act 1955
• Industrial Relations Act 1967
• Minimum Retirement Age Act 2012
• Discrimination and equality laws
• Data protection and confidentiality

Module 4: The Dismissal Process

• Disciplinary procedures and documentation
• Conducting investigations and hearings
• Providing fair warnings and opportunities for improvement
• Termination procedures and notice periods

Module 5: Redundancy and Employee Rights

• Defining redundancy and business-related dismissals
• Consultation and selection criteria
• Severance pay and outplacement support
• Appeals and dispute resolution

Module 6: Managing Dismissals with Sensitivity

• Effective communication during dismissals
• Handling emotional responses
• Protecting employer brand and workplace morale

Module 7: Avoiding Legal Risks and Best Practices

• Common mistakes in dismissals
• Case studies of unfair dismissal claims in Malaysia
• Implementing best practices to minimize risks

Module 8: Practical Case Studies & Role-Playing

• Real-world dismissal scenarios
• Mock dismissal meetings
• Legal review of cases

Course Objectives

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

1. Understand the legal framework governing dismissals in Malaysia.
2. Identify different types of dismissals and their implications.
3. Implement a fair and legally compliant dismissal process.
4. Manage employee dismissals with sensitivity and professionalism.
5. Reduce legal risks associated with termination decisions.
6. Handle redundancy situations effectively.
7. Apply best practices to ensure fairness and compliance.

Learning Outcomes

Upon completion of the training, participants will:

• Demonstrate knowledge of Malaysian employment law related to dismissals.
• Develop effective strategies for managing dismissals.
• Identify potential legal risks and mitigate them.
• Conduct fair disciplinary and dismissal procedures.
• Communicate dismissals professionally and ethically.
• Handle employee grievances and appeals effectively.

Methodology

• Lectures and Presentations: Covering key legal frameworks and best practices in Malaysia.
• Case Studies: Real-life examples to illustrate practical applications.
• Interactive Workshops: Group discussions and problem-solving activities.
• Role-Playing Exercises: Simulating dismissal meetings for hands-on practice.
• Q&A Sessions: Addressing participant queries and clarifications.
• Assessments and Feedback: Knowledge checks, quizzes, and peer feedback on role-plays.