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ELP: Employment Law Programme

ELP: Employment Law Programme


The Employment Law Programme course covers a wide range of topics, including probation, resignation under duress, frustration of contract, constructive dismissal, poor performance, sexual harassment, absenteeism, sleeping on duty, medical benefits, drug consumption, compensation in lieu of reinstatement, and conducting a proper domestic inquiry.


The course is based on recent landmark awards handed down by the Industrial Court throughout 2023, highlighting many shortcomings in HR practices. These include failing to frame charges with essential details of alleged misconduct, failing to follow procedures for conducting a Domestic Inquiry, failing to consider mitigating factors before imposing punishment, and failing to consider proportionality in imposing punishment.


By attending this course, HR professionals will gain a deep understanding of these issues and learn how to avoid costly mistakes. The course will also give them the tools and strategies to deal with HR issues more effectively and efficiently.


In conclusion, sending your HR team and Line Managers to attend this training course is a valuable investment that can significantly enhance your organization’s HR practices and reduce the risk of costly legal disputes.


Training Duration: 2 Days

  • Certificate Of Completion Available
  • Group Private Class
  • VILT Class Available
  • HRDCorp SBL-Khas Claimable


Download Course Outline

  • The Industrial Court throughout 2023 handed down several Landmark awards, wherein, the Court highlighted many shortcomings, amongst others:

    • Failure to frame charges with essentials details of the alleged Misconduct.
    • Failure to follow procedures for conducting a Domestic Inquiry
    • Failure to take into consideration mitigating factors before imposing Punishment.
    • Failure to consider Proportionality in imposing Punishment.
    • These short coming have resulted in the Court ordering compensation running into a few million ringgit per case.

    Fixed Term Contract-In Syed Hizam Alsagoff v. Cahaya Mata Sarawak Bhd

    • The company did not renew the Term Contract because of allegations of financial mismanagement.
    • The said dismissal was held to be without just cause.
    • Company was ordered to pay the Claimant over Three Million Five Hundred Thirty-Four Thousand One Hundred Forty-Four Ringgit (RM3,534,144.00), probably the highest compensation to date.

    Absenteeism, Abuse of Medical Benefits; sleeping on duty and related misconduct- Shantini Paramasivam; Husin Zakaria

    • The Industrial Court in several decisions has said that punishment of dismissal is justified provided procedures to deal with misconduct are complied with.

    Poor Performance – Cliford Lawrence Patrick v. MIMS Group of Companies

    • Allegation of unable to meet-sales target and lack of strategic, skills.
    • Offered Mutual Separation which Claimant rejected
    • Placed under PIP and dismissed thereafter.
    • The company failed to evidence to justify for PIP and dismissal.
    • Court order compensation of RM2million

    Consuming Drugs – Azlan Jaafar v. Sarawak Media Group Sdn Bhd.

    • The Court set out the procedure to be followed in dealing with abuse of drugs and requiring employees to undergo test.

    Employee charged under a specific rule but dismissed under a different rule-Sharir Mansor v. Petronas Dagangan Berhad.

    • Manner Domestic Inquiry not conducted per procedures.
    • The company ordered to pay RM627,000.00 as compensation for dismissal without just cause and excuse.

    Harassment-Kuldeep Singh v. Tobacco Importers and Manufacturers Sdn. Bhd.

    • Incident took place at a Club.
    • Whether Claimant was in breach of Company Policy on Sexual Harassment.
    • The company ordered to pay RM302,400.00 as compensation.

    Breach of Company rules and policies.

    • The company failed to adduce convincing evidence.
    • Company ordered to pay RM156,000.00.

For a private in-house, please ask us for a quotation.


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Are you concerned that your employees may not have the necessary skills to succeed in their roles or lack the basic fundamentals needed for your organization's full training course?

At GemRain Consulting, we understand that investing in your employees' professional development is essential for business growth. That's why we're offering a one-day free training session specifically for your organization only to help kick-start your employees' job performance or provide them with the essential fundamentals before enrolling in our full training program. Our expert trainers will guide your team through the fundamentals of the training program and equip them with the knowledge. Don't let a lack of training hold your employees back. Take advantage of our free training offer and invest in your team's future success with GemRain Consulting.

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