DAY 1

Module 1: Probation

Is there such a provision in our Labour Laws?
The Federal Court, the highest Court in our country has dealt extensively with the position of probationers in R. Rama Chandran. v The Industrial Court.
The High Court in the P. Pari case also dealt with the same issue and ruled that an employee who is not confirmed can be deemed to be confirmed.
In the case of K.C. Mathew’s the Court had said that there was no question of deemed to be confirmed.
What stand should employers do and how must they ensure that they do not fall foul of the law?

Module 2: Resignation Under Duress

Can an employee resign and still claim that he has been dismissed? What are the circumstances under which can an employee claim resignation under duress or forced resignation?
The Industrial Court has dealt extensively with this matter in its Awards handed down on 24th August 2000.

Module 3: Frustration Of Contract

Can an employer terminate a contract where an employee is no longer able to perform his contract?
How and when is a contract of employment deemed to be frustrated?
Does detention by police for a prolonged period amount to frustration

Module 4: Constructive Dismissal

Can an employee just walk off his job and claim Constructive Dismissal?
What should an employer do when face with a claim for Constructive Dismissal?
The law and procedure to be followed when an employee claims Constructive Dismissal has again been dealt with.

Module 5: Poor Performance

What are the procedures that an employer must comply with before terminating the service of an employer for poor performance?
What is the effect of a Performance Improvement Plan (P.I.P.) and is its sufficient evidence?

DAY 2

Module 6: Sexual Harassment

What should an employer do upon receiving a complaint of sexual harassment?
Both the Industrial Court and the High Court have dealt extensively on the failure of the employer to act upon receiving a complaint.
The importance of corroboration in cases of sexual harassment.

Module 7: Absenteeism / Sleeping / Medical Benefits

Module 8: Consuming Drugs

Procedure to be followed in dealing with abuse of drugs and requiring employees to undergo test.

Module 9: Compensation In Lieu Of Reinstatement

In the past the Courts have refused to reduce the compensation in dismissal cases even though the dismissed employee had secured alternative employment.
The Court of Appeal, in another landmark decision has altered the situation.
What are the circumstances under which compensation in dismissal cases can be reduced?
The issue of “mala fide” in enhancing compensation.
Is the limitation of 24 months compensation still applicable?

Module 10: A Case for Redress – Conducting A Proper Domestic Inquiry

Procedures to be followed.
Duties and Responsibilities of Human Resource Department
Duties and Responsibilities of Investigating Officer
Duties and Responsibilities of Prosecuting Officer
Duties and Responsibilities of Panel Members
Duties and Responsibilities of Top Management
Procedures prior to inquiry including issue of the show-cause letter and suspension pending inquiry.
Procedures during Inquiry including composition of panel, evidence and recording of proceedings.
Procedures subsequent to Inquiry including findings, disciplinary actions / penalties and appeals.
Requirement to dismiss.

ELP: Employment Law Programme