Confirmed Speakers



Y.A. Puan Susila Sithamparam
President
Industrial Court of Malaysia


Mr. Muhendaran Suppiah Partner
Messrs. Muhendaran Sri


Mr. Lim Heng Seng
Partner
Messrs Lee Hishammudin Allen & Gledhill

Mr. Shazmi Ali
HR Director
Pfizer


Y. Bhg. Dato' Thavalingam Thavarajah
Partner
Messrs Lee Hishammuddin Allen & Gledhill

Ms. Suganthi Singam
Partner
Messrs Shearn Delamore

Mr. Anand Ponnudurai
Partner
Messrs Bodipalar Ponnudurai De Silva

Mr. K. Jebaratnam

Mr. Siva Kumar Kanagasabai
Partner
Messrs Skrine

Mr. Param Moorthi
Director
Talent Development Asia
Muse Consultancy

Ms. Irene Yong
Partner
Shearn Delamore

Mr. Raja Vishnu Sivarajah
IR Law Consultant
IR Law Sdn Bhd


Conference Details

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Tuesday, 1st September 2015


Recent Landmark Court Decisions and Employment Law Trends That Employers Need to Know

Y.A. Puan Susila Sithamparam
President
Industrial Court of Malaysia

Employers constantly face legal compliance and integration challenges in today’s environment of increasingly numerous and complex employment laws. In this presentation, we will provide case analysis and comments on some recent landmark decisions from the Industrial Court as well as the Courts with appellate jurisdiction that have affected HR. With this information, employers can audit and update related policies, practices, procedures and forms.


Effectively dealing with constructive dismissal claims:
What can HR do to downturn risks and overturn the case in favour of the employer?

Dato’ Thavalingam Thavarajah
Partner
Lee Hishammuddin Allen & Gledhill

A dismissal is ‘constructive’ when the employee leaves employment claiming that the employer has breached a fundamental term of the employment contract, or has allegedly acted in a way which showed that the employer no longer intended to be bound by the contract’s terms. The employer may not desire to intend the end of the employee’s employment, yet the result may be the employee walking away from the job. In this presentation, we welcome you to learn: 1) What are the laws with regards to ‘constructive dismissal’? 2) What steps can HR take to immediately and effectively reduce risks of liability associated with the claim? 3) What can HR do to potentially overturn the case in favour of the employer?


Employee Relations:
How to Effectively Communicate your Organisation's Goals and Strategy to Achieve Better Workforce Engagement and Commitment

Mr. Param Moorthi
Director
Talent Development Asia
Muse Consultancy

The employer’s ability to achieve business objectives depends on how well the employee engages, aligns, and motivates his employees. Effective dialogue with employees directly impacts your bottom-line performance, driving such objectives as productivity, quality, safety, customer loyalty, employee retention, and outperforming the competition.During this session, you will gain insights into setting realistic goals and creating a strategy that works within your own organisation, including practical advice for: Developing a cross-functional communication strategy; Influencing attitudes and behaviors through open and credible communication; Deploying the strategy that motivates employees; Communicating Your Organisation’s Reputation, Brand and Values; Building Credibility and Trust Through Employee Communication


Critical Issues and Problems during Trade Union Recognition: A Management Perspective
Step by step guide for employers to get it right and reduce risks of lawsuits

K. Jebaratnam
IR Law Consultant
IR Law Sdn Bhd

A trade union is said to be recognized only when the employer agrees to enter into negotiations with the trade union. When the employer refuses to accord recognition, the trade union may seek recognition through statutory means. Join us for this session and: Familiarise yourselves with the laws, specifically the Industrial Relations Act 1967, Federal Constitution, Trade Union Act 1959 and ILO Convention with regards to Trade Union establishment; Understand the definition and types of Trade Unions; What is the procedure for Trade Union recognition?; Be ready to deal with the critical issues and problems.


Transfer & Secondment: What Employers Need to Know Before Sending Employees to work in a Foreign Country

Mr. Muhendaran Suppiah
Partner
Messrs Muhendaran Sri

Working internationally on a transfer or a secondment can be a great opportunity for the employee to learn new skills and make greater contribution to the organisation. However, what happens at the end of the transfer or secondment? Does the employee have a guaranteed job to return to in the home country? What happens if that job no longer exists on their return? Join us and learn more:
  • What is meant by ‘Transfer’ and “Secondment’ in employment? What is the difference?
  • How should the employer structure the employment contract if an employee is transferred or seconded overseas?
  • What documentation is essential to protect the company and the employee?
  • What are the effects on the employee’s compensation, insurance, tax, and benefit issues?
  • How do company policies apply particularly on issues connected to public holidays, work hours and disciplinary issues?
  • What are the best practices for terminating an employee who is in the midst of working in a foreign country?


Domestic Inquiry Process: How to Draft a Proper and Valid Charge Sheet

Mr. Raja Vishnu Sivarajah
IR Law Consultant
IR Law Sdn Bhd

Did you know that an improperly drafted Charge Sheet during the Domestic Inquiry may prove fatal to the employer, in his case against the accused at the Courts, even though the evidence may point to the guilt of the accused? Sharpen your HR skills by learning from us:

  • The Legal Perspective of drafting a Charge Sheet;
  • Ingredients of a Proper and Valid Charge Sheet;
  • What is meant by ‘Material Particulars Of Charge’;
  • Salient Points To Observe when drafting a Charge Sheet;
  • Frequently Observed Deficiencies in the issuance of Charge Sheets, and how to avoid them.

Wednesday, 2nd September 2015




Employer’s rights:
Coping with our Industrial & Labour Courts, Sources and Institutions of Employment Law

Suganthi Singam
Partner
Messrs Shearn Delamore

Employment law disputes are initially heard either in the Industrial or Labour Courts.

Whether the aggrieved party brings his claim in the Industrial or Labour Court, would depend on the nature of the dispute. Update your knowledge on industrial/employment law by learning:
  • What are the fundamental differences between the Employment Act 1955 and Industrial Relations Act 1967?
  • What types of claims are heard by the Industrial and Labour Court?
  • What are the processes, costs and awards employers need to be familiar with at these courts? 4) What are the rights of employers in these courts?


Effective Sick Leave Management:
Determining and Eliminating Fraudulent Sick Leave and Malingering

Mr. Siva Kumar Kanagasabai
Partner
Messrs Skrine

The difference between fraudulent sick leave and malingering is often a challenging distinction for employers. The sad reality is that both are difficult to pursue or prosecute and cost employers dearly. So, how to we fight fraudulent sick leave and malingering? Sign up with us and discuss:
  • What are the laws that employers need to be aware of when dealing with sick leave?
  • How do we defrock the fraud and detect the malingering?
  • What forms of legal redress are available for the employer to deal with such situations?
  • Can employers introduce incentive schemes by rewarding employees who do not utilise their sick leave as an effective means to reduce or eliminate fraudulent sick leave and malingering?


Punishment for Misconduct: How can employers correctly assess and achieve proportionate punishment to elude interference from the Courts

Mr. Anand Ponnudurai
Partner
Messrs Bodipalar Ponnudurai De Silva

Did you know that in a certain industry, it is permissible in law to dismiss a worker for false claim of mere RM2.40? Does this principle apply to other industries as well? In our presentation, we will share with you: i) The laws with regards to the scope of punishment for misconduct; ii) Regulating punishment with Company Policy and/or Handbook; iii) Whether past or previous acts of misconduct are relevant in determining punishment; iv) Effects of disparity in punishment and application of the doctrine of condonation; v) Mitigating factors recognized in law to take into account prior to dispensing with punishment; vi) How can the employer achieving punishment that is proportionate with the gravity of the offence to elude interference from the Courts.


Motivating your Employees toward High Performance in a New Employment Landscape

Mr. Shazmi Ali
HR Director
Pfizer

Motivating employees has never been so challenging for the employer as in recent years, with the implementation of Minimum Wages Order 2012, Minimum Retirement Age Act 2012 and the recently introduced GST, causing rise in cost of living and managing a business. Money may have attracted employees to the front door before, but now, employers have to think of something else to develop their performance and to keep them from going out the back, without breaking the employer’s budget. Come for our Conference and find solutions and ideas on how to motivate your employees toward high performance in such challenging times.


Panel Discussion


Mr. Lim Heng Seng
Partner
Messrs Lee Hishammudin
Allen & Gledhill

Y. Bhg. Datuk Hi. Shamsuddin Bardan
Executive Director
Malaysian Employers Federation

This is the opportunity for all delegates to ask several nationally renowned, experienced implementers on any questions and issues pertaining to employment and industrial law. Ask our experts for their comments and guidance on any issue pertaining to the Industrial Relations Act 1967, Trades Union Act 1955, Employment Law Act 1955 and any other relevant issue and resolve your doubts.


GST implications on Human Resource Functions

Irene Yong
Partner
Shearn Delamore

The Goods and Service Tax (GST) has been implemented effective 1 April 2015. Although many businesses have reviewed their business processes and practices to comply with GST, but only a few have recognised GST’s implications on employee benefits. This course will educate Human Resource/Finance Managers, Executives & Officers on GST implications with regards to HR functions. Sign up with us and learn about: Basics of GST Implementation in Malaysia; Background of Sales and Service Tax being replace by GST; Scope & Coverage of GST; GST’s implications on employee’s allowances, bonuses, medical expenses, benefits etc; GST collection mechanism; and Penalties for non compliance.

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