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PROGRAM DETAILS
September 7
Registration
8.30am – 9.00am
Module 1:
Understanding Employment Termination under Malaysian Law
Gain a solid understanding of the legal framework governing employment termination in Malaysia.
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Overview of the Employment Act 1955 and the Industrial Relations Act 1967
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What constitutes "just cause and excuse"
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Why termination simpliciter is not recognised under Malaysian law
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Legal consequences of unlawful dismissal
9.00am – 10.30am
10.30am – 10.45am
MORNING BREAK
Module 2:
Managing Termination Due to Misconduct
Learn the proper disciplinary process to minimise legal risks when dealing with employee misconduct.
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What amounts to misconduct?
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Standard of proof in disciplinary proceedings
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Suspension pending investigation
10.45am – 1.00pm
1.00pm – 2.00pm
LUNCH BREAK
Module 2:
Managing Termination Due to Misconduct - (cont'd)
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Conducting a fair and proper workplace investigation
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Determining the appropriate disciplinary action
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Common types of misconduct and practical examples
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Best practices and common pitfalls
2.00pm – 3.30pm
3.30pm – 3.45pm
AFTERNOON BREAK
Module 3:
Managing Termination Due to Poor Performance
Understand the legal requirements and best practices for terminating employees on the grounds of poor performance.
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Distinguishing poor performance from misconduct
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Legal requirements before dismissal for poor performance
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Performance counselling and documentation
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Designing and implementing an effective Performance Improvement Plan (PIP)
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Monitoring performance and conducting review meetings
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Practical case studies and lessons learned
3.45pm – 5.00pm
End of Day 1
PROGRAM DETAILS
September 8
Registration
8.30am – 9.00am
Module 4:
Managing Termination Due to Medical Incapacity & Frustration of Contract
Understand when termination on medical grounds may be legally justified.
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Medical incapacity versus frustration of contract
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Long-term illness and prolonged absence from work
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Recovery period and reasonable accommodation
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Independent medical assessments and medical reports
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Legal considerations before terminating employment on medical grounds
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Practical examples and case studies
9.00am – 10.30am
10.30am – 10.45am
MORNING BREAK
Module 5:
Retrenchment, Voluntary Separation Scheme (VSS) & Mutual Separation Scheme (MSS)
Learn how to conduct workforce restructuring in a legally compliant and fair manner.
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Understanding retrenchment and redundancy
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Legal requirements for a genuine retrenchment exercise
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Selection criteria and the Last-In, First-Out (LIFO) principle
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Notification requirements and regulatory compliance
10.45am – 1.00pm
1.00pm – 2.00pm
LUNCH BREAK
Module 5:
Retrenchment, Voluntary Separation Scheme (VSS) & Mutual Separation Scheme (MSS) - (cont'd)
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Retrenchment benefits and statutory obligations
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End-to-end retrenchment process
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Understanding Voluntary Separation Scheme (VSS)
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Understanding Mutual Separation Scheme (MSS)
2.00pm – 3.30pm
3.30pm – 3.45pm
AFTERNOON BREAK
Module 6:
Understanding Constructive Dismissal
Recognise situations that may give rise to constructive dismissal claims and learn how to mitigate the risks.
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Understanding the concept of constructive dismissal under Malaysian law
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Common employer actions that may amount to constructive dismissal
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Burden of proof and legal principles
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Recent case examples and judicial decisions
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Preventive measures and HR best practices
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Practical tips for managing and defending constructive dismissal claims
3.45pm – 5.00pm
End of Training
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Jassmine Joseph holds a Bachelor of Laws (LL.B.) degree from the University of Malaya and was admitted to the High Court of Malaya as an Advocate & Solicitor in 2018. With a strong foundation in law, Jassmine brings years of diverse experience in both legal practice and corporate advisory roles, specializing in Industrial Relations and Employment Law.
Before transitioning into the consultancy space, Jassmine practiced as a Civil Litigation lawyer, focusing on complex areas such as medical negligence, professional negligence (including solicitor’s negligence), employment, construction, land, and appeals board. Her comprehensive legal background equipped her with the critical thinking and problem-solving skills essential for navigating the intricate legal challenges businesses face today
Jassmine later took on a key role as a Regional Legal Executive in a multinational corporation specializing in recruitment and HR solutions. In this capacity, she provided legal counsel on a wide
range of matters, including commercial contracts and employment law, to business operations across Singapore, Hong Kong, and Malaysia. This hands-on, multi-jurisdictional experience has allowed her to develop a deep understanding of the risks and nuances involved in managing human resources and employment-related issues in diverse legal environments.
Her unique blend of experience, both as a practicing lawyer and as an in-house legal expert, has honed her ability to deliver strategic, commercially viable, and legally sound advice on Employment and Industrial Relations matters. As a trainer, Jassmine is passionate about empowering organizations and individuals with the knowledge and skills to manage employment challenges effectively and ensure compliance with ever-evolving legal frameworks. Her practical insights, coupled with her legal expertise, make her an invaluable resource for any organization seeking to navigate the complexities of the workplace environment.
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