Termination, Dismissal & Retrenchment

Event Date: 31 May 2024
Event Time: 9am – 5pm
Location: Holiday Inn Atrium with Buffet lunch (halal) and 2 coffee breaks

By Martin Gabriel, Chairman, HRmatters21 Committee
Fees: S$550.00 (GST will not be applicable)

This course will cover the salient features on termination and dismissal. These include issues such as retirement, retrenchment, breach of contract, medical boarding-out and misconduct leading to dismissal. What constitutes a gross misconduct and what are the due Inquiry procedures for dismissal?. The recourse and legal redress available to aggrieved employees/unions and case studies from the common law will also be discussed.

Course Outline

  • Types of Contracts
  • Breach of Contract
  • Termination of Contract
  • How does  it  apply to Employment Act ( Amendment 1 Apr 2014 )  to  Managers  &  Executive?
  • Notice Period

Employment Act, Section 10 (3) Minimum Notice

The employee served notice of termination mid-way through and failed to show-up.  How do we manage?
Can the Company sack the employee who misbehave during notice of resignation?
The resignee has used up all his annual leave. He was absent for one- day.  Can the company deduct 2 days’ basic wage from his last payroll?
When  the  resignee uses  his balance of annual leave to off-set notice of resignation,  the Company  need to pay him  until  which  day?

  • Waiver of Notice Period:

Questions :
a) As HR  manager  what  documentary evidence  must  you  immediately prepare  to  prevent allegation / claim against your  employer?
b) What about income for Singapore PR & other foreigners?

  • Payroll calculation
  1. Incomplete month of service
  2. Calculate payment for balance of unconsumed annual leave.

Employment Act, Section 11 – Termination of contract without notice.

a) Is it an issue of wrongful dismissal?
b) What is wrongful dismissal?

  • Dismissal

Definitions of:

  • Constructive dismissal
  • Unfair dismissal
  • Wrongful dismissal
  • Types of Misconduct

a)  Case law will be provided to reinforce understanding & implementation
b)  Numerous case studies to reinforce your mastery level.

  • Retrenchment / Golden Handshake
  • Retirement
  • Medically Boarded-out
  • Termination / Dismissal while on Maternity leave
  • Restraint of  Trade

Workshop Leader

Martin Gabriel began his career with the Ministry of Manpower as an Inspector enforcing the Employment of Foreign Manpower Act. His 3 years with the Ministry provided Martin with the experience of understanding labour regulations and was an inspiration in his decision to make Human Resources his career after leaving the government service.

With more than 20 years of experience as a HR Practitioner, Martin embarked upon forming a HR community that is the biggest, and most vibrant in Singapore. Martin is presently the Chairman and founder of HRmatters21, an online HR interest group which provides a vibrant forum with HR issues being discussed. As a Senior HR Consultant / Advisor, Martin provides advice & consultancy to numerous companies in Singapore, Malaysia and Indonesia. Martin is also involved in the development of Human Resources in Singapore.

With his vast experience in Human Resources, he has been engaged by many companies to draft or review their HR policies and employment contracts.

Martin’s experience has also expanded into training. To date, over 6,000 HR personnel and Managers from Non-HR functions have attended his training programmes. Martin holds a Bachelor of Commerce with double major from the University of Tasmania and a Diploma in HRM.

Martin can be contacted at the following e-mail: gabrielm@singnet.com.sg

Click here to register.