The Human Resources Department plays a vital role in addressing possible claims constructive dismissal by employees. We have employees who claim constructive dismissal for frivolous issues which may not be based on breach of contract. This two-days half-day webinar will address these issues so that employers would be aware of what constitutes constructive dismissal.

The speakers of this webinar are YBhg. Datuk Hj. Shamsuddin Bardan, the Executive Director of MEF and Mr. Peter Iruthayaraj, the Former Industrial Court Chairman. 

Programme & Topic Covered

1st day (23 Feb 2022) - 9.00 a.m - 1.00 pm 

Options to employee in a potential constructive dismissal situation; Examples of substantial changes to employment terms; Representation on dismissals (S.20 (1) I.R.A.); Constructive dismissal - common law position; Contract test; Unreasonableness test; Burden of proof; Breach of express and implied terms; Two-stage process of constructive dismissal; and Incidence of breach of contract by employer.

2nd day (24 Feb 2022) - 9.00 a.m - 1.00 pm 

Refusal to pay salary and to offer work; Increment and bonus frozen; Suspension pending investigation and/or while holding domestic inquiry; Right to transfer an employee; Cold storaging the employee; Redesignation of duties and responsibilities; Demotion to lower position; Reduction of salary; Acceptance of repudiation; Warning letter - whether breach of contract; Burden of calling witnesses; Complaints of unfair performance appraisal; Jobs detrimental to health; Employer acting in breach of trust and integrity; Complaints of sexual harassment; and Forced resignation - whether deemed

Trainers / Speakers

DATUK HJ SHAMSUDDIN BARDAN,
MEF Executive Director 
(HRDF Cert. No.: TTT/0838)

DATUK HJ SHAMSUDDIN heads the MEF Secretariat with a team consisting of 30 professional staff and 20 support staff. As the Executive Director of MEF, Datuk Hj Shamsuddin is entrusted with the full responsibilities of administrating the organization. His professional expertise for more than 30 years in the areas of labour legislations, human resources, education and business sectors in particular made him the sought-after resource spokesperson of the Government, the unions, industries etc. He is the Secretary-General of Confederation of Asia Pacific Employers (CAPE) and Secretary-General of ASEAN Confederation of Employers (ACE) (2013 – 2015).

MR. P. IRUTHAYARAJ
(HRDF Cert. No.: TTT/15452)

The former Industrial Court Chairman who had served for about 14 years. He had adjudicated on numerous cases in Sabah, Sarawak and Kuala Lumpur involving dismissal cases under s. 20(3) of the IR Act 1967, Trade Disputes relating to Collective Agreements and complaints under s. 8(2A) of the IR Act and other matters relating to industrial disputes. In addition, he also has vast experience in all aspects of Human Resource and Industrial Relations Management while working with large multinational companies.

Webinar Fees

Cik Musfirah Liyana Mustapa Kamar (ext 119) (musfirah@mef.org.my)
Pn Maslifa Masmuda (ext 120) (maslifa@mef.org.my)

Brochure

Online Registration