WCTC Consulting’s Post

Today, I overheard someone calling me the ‘Terminator’ of Hong Bee Group. I just smiled and walked away. It's Friday, so let’s have some fun with it! Yes, my role involves tough decisions, including terminations, but it's far from the whole story. I don’t just listen to managers or higher-ups when they say, “Terminate this person”. My first question is always, what’s the justification? Where’s the documentation to support the request? It’s easy to say, “Let’s fire someone”, but without following the proper due process, the repercussions can be serious – both financially and legally! In Malaysia, under the Employment Act 1955 and Industrial Relations Act 1967, employers must have solid reasons and evidence for termination. If not, unfair dismissal claims can lead to costly compensations, or even reinstatement of the employee. That’s something I’m definitely here to avoid! Once everything is in order, and it’s clear that the termination is fully justified, only then do I proceed. Yes, there are situations where immediate dismissal is necessary for serious issues like theft, breach of confidentiality, sexual harassment, or manipulation of claims. These are non-negotiable. Doing my job correctly doesn’t make me a villain. But hey, I won’t lie – ‘Terminator’ does have a nice ring to it. #HRLife #TerminatorVibes #EmployeeRelations #EmploymentAct1955 #IndustrialRelationsAct1967 #WorkplaceIntegrity #DueProcess #Leadership #FridayFeels #StayProfessional #HRManagement #HRMatters #HumanResources #FairProcess #IndustrialRelations #EmploymentLaw #MalaysianHR #FridayVibes #DoingMyJobRight #HongBeeGroup #EveryoneIsCapable #DiversityEquityandInclusion

HEADACHE!!! 🤕 What is THE RIGHT NEXT STEP in the event of sexual harassment, insubordination, theft, misconduct, fraud or jeopardize of workplace safety/accidents? CONFUSED!!! 😵 What is my role as a chairman? Can panel jury ask questions to the accused or witness? Why everyone assume HR should be the Chairman? Can legal officer be in the panel? Who can be chairman if it is not HR? Can the accused hire external legal representatives? When to submit the evidence in DI? Want to know more? Detail for the event is as below: 🌟Cross Examination in Domestic Inquiry Under Employment Law🌟 📆23rd– 24th May, 2024 📌St Giles Boulevard Hotel, Kuala Lumpur 📞017-8523991 (Nicholas) 📩 teamb@wtc-intl.com

"Quiet Firing: A Silent Breach That Can Cost Your Business" "The way management treats employees is exactly how employees will treat customers." – Sam Walton. Quiet firing—the practice of making work conditions unbearable to push employees to resign—may seem subtle, but it can have serious legal and operational consequences. In Malaysia, this aligns with constructive dismissal, where employees resign due to the employer's breach of contract. The recent case of Tan Cheang Hin v Prestige Scuba Sdn Bhd is a cautionary tale. The company failed to pay the employee’s full salary and commissions during the pandemic and, instead of resolving the issue, repeatedly urged him to resign. The employee was even ordered to troubleshoot electrical problems beyond his role as a sales executive and eventually instructed to sit outside the office with no tasks—an act of clear humiliation. The Industrial Court found that these actions amounted to a fundamental breach of the employment contract, ruling in favor of the employee. This case highlights the fine line between poor management decisions and constructive dismissal, proving that quiet firing can lead to costly legal battles and damage an organization’s reputation. What Employers Should Do: Communicate openly with employees about workplace challenges and performance issues. Avoid unfair practices that could be construed as victimization or retaliation. Address grievances promptly to prevent escalation into legal disputes. Mismanagement can expose your business to legal risks and create a toxic work environment, driving away talent. #sidimo #sidimoHR #QuietFiring #ConstructiveDismissal #HRConsulting #WorkplaceManagement #EmployeeRetention #BusinessIntegrity

"Quiet Firing in Malaysia: A Silent Breach of Trust" In the evolving landscape of workplace dynamics, the concept of "quiet firing" is gaining attention—though not for the right reasons. While the term lacks legal definition, it refers to deliberate actions by employers to make the work environment intolerable, nudging employees toward resignation. From assigning menial tasks to neglecting or humiliating staff, quiet firing erodes trust and violates the principles of ethical leadership. In Malaysia, this practice intersects with the doctrine of constructive dismissal, where employees terminate their contracts due to significant employer breaches. While subtle in execution, quiet firing can result in legal consequences if proven to breach employment contracts. When Quiet Firing Becomes Constructive Dismissal Under Malaysian industrial jurisprudence, constructive dismissal occurs when: An employer breaches the fundamental terms of the contract. The breach is severe enough to justify the employee’s resignation. The resignation is directly linked to the breach. The employee acts without undue delay. Recent cases, such as Tan Cheang Hin v Prestige Scuba Sdn Bhd [2022], underscore the seriousness of these issues. In this case, the employer’s actions—ranging from non-payment of wages to unjustified changes in job responsibilities—led to the court deeming their behaviour a breach of the employment contract. Employers must recognise that quiet firing is not a strategy—it’s a failure of leadership. Preventive measures include: Transparent Communication: Address issues directly and constructively. Fair Treatment: Any changes in job roles, portfolios, or benefits must have clear, documented justifications. Responsive Grievance Handling: A swift resolution of employee concerns builds trust and credibility. Not every complaint of quiet firing will succeed in court, but employers prioritizing fairness, respect, and proper documentation can confidently defend their actions. Why Ethical Leadership Matters As Nelson Mandela famously stated: "The greatest glory in living lies not in never falling, but in rising every time we fall." Quiet firing represents a fall in leadership integrity, but every organization has the opportunity to rise—by fostering environments where employees thrive, not suffer. At Sidimo HR Consultancy, we’re committed to helping organizations navigate complex HR-IR challenges while upholding fairness and respect. Let’s create workplaces where ethics and excellence coexist. #Leadership #HRConsultancy #ConstructiveDismissal #FairWorkplace

Congratulations to these participants for completing our "Employment Law: Understanding Grievance Handling, Disciplinary & Termination Procedures" training program! Every Employee-Employer relationship in Malaysia is governed under the Employment Act 1955 together with Employment (Amendment) Bill 2021. In this course, participants can expect to learn the best practices in compliance with the Employment Law with a focus on how to address employee grievances, exercise discipline and in the worst case scenario, how to terminate employment. All of these are important procedures that must be implemented efficiently. This programs covers: ✅ Definitions of Service Contracts. ✅ Managerial Prerogatives. ✅ Handling Employee Misconduct. ✅ Holiday Management. And more. Register for this course here: https://lnkd.in/g8CrK45V WhatsApp: https://wa.link/po8hk0 #malaysianlabourlaw #employmentact #employmentlaw #employeemanagement #employeeengagement #leadershipskills #HRDF #hrdfclaimable #hrdftraining #hrdftrainingprovider #malaysia #itrainingexpert

Another unfortunate event... The whole detail of the #casemanagement is at the end of this post... We are seeing more and more such cases surface recently. It doesn't mean in it was lesser in the past but just that the awareness and exposure are limited hence employees do not know what to do if they are facing such issue. We can see now more and more are speaking up and raise this awareness. In fact it may not has anything to do with the company because it is mainly the culprit who is the manager that cause all this to happen. It is the same with most companies that the MD, CEO, Head or Manager that act toxic hence cause the attrition shoot up. Company needs to pay extra attention to this because this will definitely affect and impact your #ESG which the #Social part plays a major role. You can no longer protect the person that mismanage the team or company. Even more so you need to put in certain guidelines and command that do not allow someone to be the #dictator. As an employee, you can reach out to the #HR or #SLT but most often than not, nothing will be done. This is due to the internal politics and also some of those people either they are the ally of the culprit or they just don't want to step up and be vocal worrying that they might lose their job. The moment an employee needs to worry about losing their job because they are doing the RIGHT thing, that is when the downfall of the organization. The full detail of the entire case can be found here https://lnkd.in/gGtzKPQq There are so many companies that got involved in multi-million dollar cases and pay out that is unnecessary. If you have a certain control point in place, you are not just avoiding this heavy penalty but also protecting your company reputation and image. Join my community to get more tips and sharing to know more about your employee and employer rights My forte : https://lnkd.in/gCMxzya3 My Passion : https://lnkd.in/gXQXv6mP Join my community : https://lnkd.in/gDAra_XQ https://lnkd.in/g-jTJR-s #unfairdismissal #forcedresignation

We are thrilled to invite you to our upcoming Half Day Seminar on Workforce Empowerment Law 2024! Empower Your Workforce and Unlock Hidden Potential Date: June 24, 2024 Time: 9:00 am - 12:30 pm Location: Pullman Hotel Kuala Lumpur Empower your organization and arm yourself with the knowledge to create a safe and legally compliant workplace environment. Join us for an impactful half-day seminar where we delve into two crucial topics: Addressing Sexual Harassment at the Workplace: Learn how to recognize, prevent, and effectively address instances of sexual harassment within your organization. Gain practical strategies to cultivate a culture of respect and inclusivity, ensuring the well-being and dignity of all employees. Distinguishing Constructive Dismissal and Forced Resignation: Navigate the complexities of employment terminations with confidence. Understand the legal implications of constructive dismissal and forced resignation, and equip yourself with the tools to protect employee rights while maintaining organizational integrity. Why Attend? •           Gain valuable insights from industry experts •           Network with peers and exchange best practices •           Ensure legal compliance and mitigate risks for your organization •           Empower your workforce and foster a positive workplace culture "Don't miss this opportunity to elevate your understanding of workforce employment and transform your HR practices in your organization" Reserve your seat today for the Workforce Empowerment Law Half-Day Seminar on June 24, 2024, at Pullman Hotel Kuala Lumpur. Together, let's build a safer, more empowered future for all. Click here for request registration form : https://wa.link/6h8j6a #employmentlaw #employee #humanresource #employmentact #employementact1955

🔍 Can You Fire Employees for Off-Duty Conduct? Exploring the Legal Boundaries 🔍 Navigating the complexities of off-duty employee conduct can be a challenging aspect of HR management. It’s a common misconception that what employees do outside of work is always their private affair. However, the reality is that certain off-duty behaviors can indeed have legitimate repercussions in the workplace, especially when they have the potential to harm an organization’s reputation. 🕵️♂️🏢 Key points to consider: - Legal Nexus: To justify termination, there must be a clear connection between the off-duty conduct and the employee’s role. - Potential Harm: Not just actual harm, but even potential damage to reputation can be grounds for disciplinary action. - Varied Outcomes: Cases such as a school district employee threatening a student and a parking officer's public altercation highlight how similar situations can lead to very different legal outcomes. Understanding when and how you can address off-duty conduct is crucial for maintaining not only workplace integrity but also public trust in your organization. For a full exploration of this complex issue, including detailed case studies and legal insights, click below. Stay informed and ensure your organization is prepared to handle these challenging scenarios effectively. 👩⚖️📜 Follow our page for more updates and expert advice on navigating workplace legal issues. #HRInsider #HRManagement #EmployeeConduct #LegalInsights #WorkplaceSafety

Are you familiar with the significance of Domestic Inquiry in managing workplace misconduct? 🤔 As organizations strive to maintain ethical standards and a fair working environment, the process of conducting domestic inquiries plays a pivotal role. Let's dive into why understanding and implementing effective domestic inquiry procedures is crucial for both employers and employees. 1️⃣ Fairness and Legal Compliance: Domestic inquiries are a cornerstone in ensuring fairness and compliance with employment laws. Through proper handling, HR professionals, managers, and investigators can safeguard against unfair dismissal claims and protect the rights of both employees and employers. 2️⃣ Cost Control: Flawed domestic inquiry processes can lead to costly payouts if employees win cases at the Industrial Court. Internal investigators should be equipped with the skills and knowledge to conduct thorough and legally sound inquiries, mitigating these financial risks. 3️⃣Efficiency and Reduced Stress: A streamlined domestic inquiry process saves valuable time and reduces the stress on managers and the workforce. 4️⃣Cultivating a Positive Company Culture: Timely and proper addressing of misconduct promotes a culture of accountability and transparency. Encouraging open communication and leadership support creates a more ethical and productive work environment. #HR #WorkplaceEthics #LegalCompliance #DomesticInquiry In today's complex employment landscape, domestic inquiry training is not just a compliance requirement; it's a strategic investment in fostering a fair and thriving workplace. Don't underestimate its impact!