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MANAGING EMPLOYMENT CONTRACT RELATED DISPUTES AND ISSUES

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Overview

This one day programme is designed specifically for HR, legal and those in senior management involved in the structuring and management of employment contracts and any ensuing employment related disputes.

 

It is designed to provide your organisation with insights and ideas on how best to anticipate and respond to potential queries/disputes raised by employees and will specifically answer the following questions/areas:

 

1. How should you word your organisation’s employment ‘offer’ letters to give it the right to take legal action should the job incumbent (who has earlier signed acceptance of the job offer) later decide not to take up the offer of employment?

 

2. How can you structure your employment terms to give your organisation the right to rescind the employment offer where it later discovers that the employee had a pre-existing health condition that he/she failed to disclose during the job interview?

 

3. How do you structure your senior management positions’ fixed-term employment contracts in light of the recent High Court decision involving Sime Darby Auto Selection v Lim Boon Leong? (NOTE: This decision has reversed the Industrial Court’s earlier decision regarding fixed-term employment contracts for senior management)

 

4. How will you manage a situation where a performing employee under probation is diagnosed with a medical condition toward the end of the probation period and proceeds to go on medical leave? Here, can the company choose not to confirm him/her?

 

5. The recent court decision in Gill Satwant Singh v Assunta Hospital has clarified the law’s position with regard to managing employees above 60 years of age. Learn how this impacts your company’s right to hire those above 60 years of age.

 

6. How do you manage situations where employees are challenging your company’s right to reduce its benefits scheme and allowances?

 

7. How should you word/structure your company’s

  • employment bond agreements,

  • non-compete clauses, and

  • confidentiality clauses in ensuring that they are legally enforceable?

 

8. How do you manage situations where employee lodges an official complaint citing victimisation against his manager for giving him an unfair performance rating?

 

9. How should you document the decision to not extend an employee’s fixed-term contract due to his attitude or behaviour? , and

 

10. How do you structure a mutual termination arrangement agreed with a staff to ensure that he/she will not be successful in later claiming forced resignation?

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Answers to these scenarios above along with a variety of other insights on managing employment related contract disputes and issues will be shared with you over this engaging one day session.

 

AGENDA

 

9.00am to 10.30am

Key Areas To Consider When Structuring Employment Offers and Appointment Terms

  • Key clauses to include in the job offer terms to protect your organisation should the job incumbent later choose not to join the organisation,

  • Managing situations where your company has discovered that the employee has lied, omitted or misled the company with regard to his/her:

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  1. ​medical condition/health status,

  2. criminal background/history,

  3. professional qualifications, and

  4. job history/experience

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  • Considerations when deciding what is an appropriate probation period, and

  • Deciding whether to place an employee under a fixed-term contract or permanent employment.

 

10.45am to 12.45pm

Managing Fixed-Term Employment Contracts

  • The impact of the Sime Darby Auto Selection v Lim Boon Leong recent High Court case decision and how it affects your company’s fixed-term employment contracts for senior management,

  • Dealing with fixed-term contracts for post-retirement employees – Gill Satwant Singh v Assunta Hospital (latest 2019 decision),

  • How to manage situations where an employee is managed under successive or consecutive fixed-term contracts,

  • How best to convert a permanent employment contract to fixed term without risking legal exposure, and

  • Structuring garden leave clauses into your employment contracts (for purposed of protecting confidential and proprietary company information).

 

2.00pm to 3.30pm

Mitigating Employment Related Disputes

How Best to Manage Situations Where an Employee:

  • Challenges the company’s decision to not confirm him/her due to medical issues,

  • Is Disputing the Company’s Decision to Transfer Him/Her,

  • Accused of Sexual Harassment Threatens to Sue The Company for Defamation,

  • Challenges his superior’s rating of his/her performance rating score,

  • Refuses to sign his/her consent to a revision of the company’s benefits scheme,

  • Raises a complaint about the company’s management using social media, and

  • Refuses to comply with your organisation’s employment bond, non-compete or confidentiality clauses

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3.45pm to 5.00pm

Managing Terminations, Resignations, Constructive Dismissals and Allegations of Forced Resignation​

  • How to document the agreement for a mutual termination from employment,

  • How to respond in writing to allegations of forced resignation,

  • Documenting a discussion surrounding an employee’s attitude and behavioural issues,

  • How to respond to an allegation of victimisation/constructive dismissal, and

  • Managing allegations of unfair treatment raised by employees during the exit interview stage.    

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