Termination & Dismissal: Practical IR Compliance
In Malaysia an employer needs just cause or excuse to dismiss, and the burden of proving it sits with the employer. That single fact reshapes how a termination has to be planned. This one-day programme covers the grounds that hold, the procedure each ground requires, and the specific sequence a retrenchment must follow. It also covers the exits employers reach for when a dismissal looks risky, and the circumstances in which those exits create their own claims.
Programme Agenda
Just Cause or Excuse: What the Employer Must Prove
The statutory framework under the Industrial Relations Act 1967 and the Employment Act 1955. Why the burden sits with the employer, what substantive and procedural fairness each require, and how a good reason still fails on bad process.
Grounds That Hold and Grounds That Do Not
Misconduct, poor performance, redundancy, medical incapacity, frustration of contract, and expiry of a genuine fixed-term contract. The evidence each ground needs, and the ones that collapse the moment they are tested.
Probationers, Fixed-Term and Contract Staff
The persistent myth that probationers can be released at will. Non-confirmation done properly, sham fixed-term arrangements, repeated renewals that create a legitimate expectation of continuation, and third-party contractor arrangements.
Poor Performance and the PIP as Evidence
Documenting a performance problem so a later dismissal stands up. What a defensible performance improvement plan contains, realistic timelines, support the employer must genuinely provide, and closing the plan properly whichever way it goes.
Retrenchment, Redundancy and the Correct Sequence
Establishing genuine redundancy, cost-cutting alternatives that must be considered first, selection criteria and the LIFO principle with its recognised exceptions. Notice to the Labour Department, termination benefits, and the documentation trail that proves the exercise was genuine.
Constructive Dismissal and Forced Resignation
How demotion, transfer, pay reduction, or a sustained change in working conditions can amount to dismissal by the employer. Resignation under pressure, the employee's duty to act promptly, and management decisions that quietly create this exposure.
VSS, MSS and Settlement Agreements
Structuring a voluntary or mutual separation scheme, communicating it without coercing anyone, and drafting a release that actually releases. When a settlement can still be reopened, and what makes an agreement worth the paper it is on.
Section 20 Claims and the Industrial Court
How a representation for reinstatement proceeds from the Industrial Relations Department through conciliation to the Industrial Court. What the court examines, remedies including reinstatement, back wages and compensation in lieu, and how a case is realistically assessed and settled.
Learning Outcomes:
State and evidence the just cause or excuse for a termination
Match each ground for dismissal to the procedure it requires
Handle probationers and fixed-term staff without creating a claim
Build a performance record and PIP that supports a later decision
Run a retrenchment in the correct sequence with the correct filings
Recognise and avoid decisions that create constructive dismissal exposure
Structure a mutual separation and a release that holds
Assess your realistic exposure in a section 20 claim
Duration: 1 Day (8 Hours)
Training Hours: 9:00 AM to 5:00 PM
Level: Intermediate
Training Mode: Physical, Online, or Hybrid
HRD Corp SBL-KHAS Claimable
Certificate of Completion included