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GRIEVANCE & DISCIPLINARY PROCEDURE

Group 6,Group 6,

FAHMIFAHMI FIDDYFIDDYLINSONLINSON

JAMILAHJAMILAH JENNIFERJENNIFER MARYMARY

SUZANASUZANA ROSROS SYAZWANISYAZWANI

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Introduction

In the event of termination of employment in the private sector , the aggrieved employee may seek the remedies in accordance with law, if in their opinion termination was not made properly . Industrial Relations Act, the remedies provided under Section 20.

Representation for restoration work at the Ministry of Human Resources under Section 20 , PNAS 1967.

Representations for reinstatement may be submitted according to the provisions of Section 20 ( 1 ) , PIA 1967 as follows;

" If an employee, whether he is a member of a trade union of employees or otherwise, assumed that he had been dismissed without reasonable reasons by his employer, he may make representations in writing to the Director General to be taken to work again in his work, representation may be given at the office of the Director General of the occupation in which the employee close to it has been removed . "

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Terms of Claims Recovery Work

Employees (Based on Takrfan APP, 1967) That assumes Retrenchment without

reasonable reasons. Just claim is returned to its original position. Claims made within 60 days from the date of

dismissal Claims made in writing to the Director General

of the Industrial Relations Commission (KPPPM)

Filed in Office KPPPM that is near workplace.

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Workman (APP 1967)

“Workman” means any person, including an

apprentice, employed by an employer under a contract

of employment to work for hire or reward and for the

proposes of any proceedings in relation to a trade

dispute includes any such person who has been

dismissed, discharged or retrenched in connection

with or as a consequence of that dispute or whose

dismissal, discharge or retrenchment has led to that

dispute.

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Layoffs

The dismissal can occurred in the following situations :

a) The employer discontinue the service of an employee.

b) The workers have been forced to retire from the requirement of the employer

c) The workers themselves who stopped him for reasons that justify his doing so (planned termination or constructive dismissal)

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APPLICATION PROCESS

Represent under Section 20, IRA 1967 can be done according to the regulations below:

Submit a written application to the Director General of Malaysia Industrial Relation.

The application must be submitted to the Department of Industrial Relation, near the employee worked.

The application must be made within 60 days from the date that the employee is laid off. Employees may also submit representation during the period of notice of termination.

The application letter must clearly state that the employee wants the job originally restored.

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CONT…

Employee must submit their complete information to the Director General of Malaysia Industrial relation such as:

Full name Current Address identification/Passport number (one copy) Number Phone Last position Employer name and address Employer number phone Date of commencement of work Date of termination of employment Payroll end when terminated Information related. The Officer who dealing with the case will set a date for

talks peace (conciliation). Employers and employees will be invited by letter to attend peace talks according the date, time and place that appointed

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Representative

Auhorized representatives during the peace negotiation are as follows:A. The Employer:• Company owner; or• Any authorized officer; or• Trade union officer or employee/employer; or• An officer of any organization of employers registered in Malaysia,

for example, Malaysian Employers Federation(MEF)B. Workers:• Are themselves; or• An officer or employee of a trade union if he/she is a member of the

union; or• Any officer of workers’ organization registered in Malaysia like

Malaysian Trade Union Congress – MTUC. Employee or employer cannot be represented by any lawyer,

advisor, consultant or any other person.

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Negotiation Reconciliation

Employees and employers (along with their representatives if any) appear in the proceedings, Peace Officer will explain the process of peace negotiation.

Peace Officer will provide advice and counsel based on the facts, the relevant law, the decisions of the Industrial Court or the High Court including his own experience.

The both parties are given equal opportunity to present the facts of their case. Both parties (the appellant and the employer) are not required to submit a submission to the Peace Officer. The report submitted to Honorable Minister of Human Resources only consider the facts and documents which submitted during negotiation reconciliation.

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Cont…

If the two parties reached a settlement agreement, a memorandum of agreement will be provided to be signed by both parties and witnessed by the Peace Officers where representation case is considered solve and closed.

If it not reached a settlement, the Peace Officer will prepare a report for submission to the Honourable Minister of Human Resources for its decision. The report consider the facts and documents submitted by both parties during the negotiation reconciliation.

If Honourable Minister considers the merit of the case have to be trial, he has the discretion to refer the case to the Industrial Court for a decision. If the Honourable Minister think otherwise, the case will not be refered to the Industrial Court and the case will be closed.

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Process flow chart of representations filing by the appellant for work restoration

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Misconduct and Internal Investigation Process

Internal Investigation sessions conducted on behalf of the Company, based on the initial investigation conducted, held that an employee has been guilty of serious misconduct. During an Internal Investigation, the workers that been accused would be charged against his misconduct that are believed been done.

Based on Section 14 of the Employment Act 1955 stated that an employer may dismiss an employee for reasons of misconduct after doing a thorough investigation.

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The Action Procedures of Misconduct Report

• The accusation must be privately reported to the employee to avoid embarrassment.

• The employee must acknowledge all regulations in the company and they also have the right to know what kind of their actions that violated the company’s regulation.

• The action taken to solve the misconduct of the employee must be standardized according to what type of offense committed by him/her. However, the explanation from the employee is also important to be heard before the punishment decided.

• Immediate action should be taken when a complaint is received to avoid the misconduct to be repeated. This action can also give the employee a chance to undo their mistakes and find a strategic way to avoid the same mistake later.

• All action taken should be done in stages such as through verbal warning, written warning, final written warning and then dismissal or appropriate punishment.

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Follow-up Action

When an action is taken but the misconduct still persist, then an Internal Investigation have to be conducted to avoid invalid dismissal.

A formal and thorough investigation have to be done before the dismissal is executed. This investigation is known as Domestic Inquiry.

The purpose f this investigation is to ensure the dismissal is just and unbiased. It is also to avoid the dismissal of innocent employee.

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Internal Investigation trial

Internal Investigation is a internal trial that

handled just like real crime trial it carried out

with format that is easier, suit with internal

procedures.

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Investigation Process

Investigation panel will introduce self and identify all those present. Brief information related to procedure and role which will become investigation current practice carried out.

Investigation panel will read charge to staff and question the employee whether pleaded guilty or not on charge.

Prosecution officer will call first witness. Information will in achieve based on format question and answer. When prosecution officer done questioning witness, Employee charged permitted pose cross examine to witnesses by using format that is same(question and answer).

Prosecution officer will call next witness if there is and taken process that is same with first witness just now. This will continuously until no more witness or evidence that adducible.

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Continuous…

Employee that in accuse will call witness first if there is. Format question and answer remained to be used. Like in third stage, prosecution officer also be allowed to submit cross examine to witness presented by employee charged. This process will be done until do not have witness or evidence more that want to be presented by employee.

Investigation panel will ask both sides to gather all evidence Investigation panel will discuss decision and preparing a report to

be presented to employers. Panel will decide whether the employee is guilty or not and justifies on results that were taken.

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Punishment and penalty

After an internal investigation is conducted, and found guilty, the employer will decide appropriate punishment or penalty. Punishment or penalty must consider several factors such as:

1) Service period of the employee records all services of the employee while working whether there is provocation that led workers to plead guilty

2) Guilty employee could be penalized as follows: verbal warning accompanied by appropriate counselling sessions written warning demote in rank or grade suspension without pay of not more than two weeks and dismissal

Conclusion

In a nutshell, it can be conclude that discipline and grievance procedure are very important for any organization. Discipline and grievances if not properly managed can cause serious rubble for the organization. Management of discipline and grievances requires a variety of skills and attention to process and if it lacks in either, it could cost a company a lot of time, money and some cases their reputation. To effectively manage discipline and grievances one must know the appropriate methods and laws to handle the process.

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