Master Class #119: YOU ARE FIRED!!! – How to do a proper termination without getting a lawsuit from Employee and Labour Court???

Master Trainers: 

Master Trainer #1: Ms. Sujatha Selliah (Industrial Relations Lawyer & Consultant of MECA)

Master Trainer #2: Mr. Alvin Lai (Business Development Manager of MECA)

Introduction to Master Class #119:
The nature of this session is to assist, support and help educate Business Owners, Bosses and HR Practitioners whether they are from MNC’s, GLC’s or SME’s on Wrongful Dismissal Processes’s and Procedures preventing them (companies) from going or being exposed in Industrial Court. For the period January 2014 to July 2014 (7 months) a total of 8.4 Million was award in compensation for Wrongful Dismissal to employees. This is a huge financial burden on companies especially the SME’s and leads to business impact, wind up – foreclosure plus impacting them personally.

From the period of 2005 to 2013 over 105,000 cases has been referred to Industrial Court against SME’s. The Labour Department over the same period issues fines to over 9,000 SME’s for Non Compliance to Labour Laws.

This session is aimed to help and educate Business Owners, Bosses and HR Practitioners whether they are from MNC’s, GLC’s or SME’s. This series is a learning that all would and should need to become aware of and put in practice methodology and ideas that will be discussed at this session. Additionally having the complimentary opportunity of a Q and A with an Industrial Relations Lawyer on matters/issues impacting their business is a great value offering of what this round’s webinar could give.

This Master Class by FounderMethod provides participants with a good working knowledge of the legal requirements for managing the termination process to ensure all legal requirements are adhered to in compliance with Malaysian Industrial Relations and Employment Act.

During This Master Class, you’ll learn 

  • Defining minor and major misconducts
  • Procedures of managing the misconducts
  • Procedures of managing the punishment in line with the misconducts
  • Procedures of managing the termination process in line with the Law.

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Master Trainer #1: Ms. Sujatha Selliah 

Ms. Sujatha Selliah is a Bachelor of Law (LLB) (Honours) graduate from University Utara Malaysia. She read in the chambers of Messrs Seah Balan Ravi & Co and was called to the bar in July 2010. She was retained as a Legal Assistant in the same firm. She has wide experience in the field of civil litigation where she has handled various types of disputes, including land disputes and matrimonial disputes in all levels of Courts in Malaysia. During her years of practice she was also exposed to probate and letters of administration work, bankruptcy cases, etc.

One of the cases that she had conduct over was reported in Ambank (M) Sdn Bhd v. Tan Yu Hock (2012) 8 CLJ 457 where she successfully defeated a claim by the bank for interest for15 years in relation to a housing loan. Instead, the interest ordered was reduced to less than a year. Ms. Sujatha is now handling, in addition to civil litigation, Industrial Relation related matters.
1. Won 2 prominent cases in IR:
(a) Won a constructive dismissal case in Industrial Court. The company restructured its organization specifically its job grading based on a blueprint by UK. Due to the restructuring the employee's fixed car allowance is withdrawn and his job grade had become a lower level. His position and other terms and conditions remains the same. The employee walked out from the Company claiming constructive dismissal. We manage to win the case.

(b) Won a case in High Court. It is an appeal from labour office to high court. Two employees was terminated for insubordination. Company redesignated their position from van salesman to sales representative. In doing so the company withdrawn car allowance of RM400. Both the employees refuse to assume the new position despite repeatedly asked to do so. Company issued show cause letter and upon receiving their reply the company terminated their services for insubordination without notice. Both the employees filed a complaint against the company for termination benefits and indemnity in lieu of notice. The labour officer's decision was in favour of the employees. We appealed against the decision and won the matter with costs.

2. Delivered & Presented Talks & Corporate Meetings in Penang, KL &
Kuching mainly on:
 Managing Staff Non Performance
 Avoiding Staff Wrongful Dismissal
 Managing Employee Grievance, Disciplinary Procedures and
 Implementing Transfer, Secondment & Assignment in
 Understanding The Employment Act 1955 (Part II, XI, XV &
Conducted in-depth trainings with HR Practitioners on:
 How To Investigate A Domestic Inquiry
 Termination of Employment
 Managing Absenteeism of Employees in Malaysia

Master Trainer #2: Mr. Alvin Lai 

Mr. Alvin Lai YK is armed with more than 9 years of experience in Corporate Management mainly in the field of Business Development, Sales and Marketing for some of the notable established companies and corporations from different industries namely in Financial Service Providers, Korean (Government) Trade Centre, Telecomunication and Motorcycle Retail Chain Stores in his previous years. As pioneering is his main strength, he has helped most of the past companies to lay the foundations in terms of System, Structure & Support and at the same time achieved almost RM 20 million is sales (total combined) and travelled to countries like Singapore, Indonesia, Cambodia, South Korea and Hong Kong during his tenure for work. He was also featured in BFM89.9 (The Business Station), TV9's "Apa Saja FBI" (A local talkshow production) and established local magazines and newspaper.

Graduated from Tunku Abdul Rahman College, Alvin's specialties are Business Developmnent, Marketing & Branding, Strategic Planning, Training and Learning Development, Information Technology and Corporate Management.

He is currently heading the Business Development Department for MECA Employers Consulting Agency to develop and strengthen the company's core business unit and also to develop new business division on behalf of the company with a holistic marketing approach.

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