MSLSSL Employment Virtual Conference 2020 COVID-19: Coping With New Realm Of Realities
The Malaysian Society for Labour and Social Security Law (MSLSSL) in partnership with the Malaysian Current Law Journal (CLJ) is proud to organise the MSLSSL Employment Virtual Conference 2020.
The employment sector has and continues to face various uncertainties surrounding employment arising from the COVID-19 pandemic, which may have a long term impact on most industries and occupations. Businesses are facing new challenges and in some cases turbulence particularly related to maintaining profitability while dealing with a fall in production, demand, revenue while at the same time meeting their legal obligations and managing the welfare of their employees. Safeguarding health and the well-being of employees has also taken prominence alongside dealing with risks that come with new forms of working particularly protection of confidential information, maintaining work ethics and implementing new work rules.
This Virtual Conference will help participants keep abreast with the latest developments in labour and employment laws, help them prepare for or deal with the myriad of challenges during this era and be better equipped to manage risks that are already present or anticipated. The Conference is led by experienced speakers from the legal profession and industries to discuss, among others, about working from home, business sustainability and the way forward.
ELS DE WIND Partner, Van Doorne, Netherlands; Co-Chair, International Bar Association’s Global Employment Institute
Els de Wind, partner of Van Doorne N.V. in Amsterdam, is a leading expert on Dutch, European and international labour and employment law. She has been advising and litigating for over 35 years in matters at the interface of employment law and corporate law, with a focus on restructurings and M&A, employee participation (including advising on European Works Councils and representing works councils of larger companies), corporate governance, internal investigations, restrictive covenants, privacy and executive advise. Els is a trusted advisor to many clients for whom she acts as a sounding board. She speaks and publishes in the Netherlands and abroad on employment and HR law issues. Els is currently Co-Chair of the IBA’s Global Employment Institute and has previously held various other functions in the international labour and employment law community. She comes recommended by leading legal directories including the Legal 500, Chambers Europe, European Legal Experts, Who’s Who Legal Management Labour & Employment, Global Counsel Handbook Labour and Employment Benefits and The Legal Media Group Guide to the World’s Leading Labour and Employment Lawyers.
Selvamalar Alagaratnam
Partner, Skrine, Malaysia; Co-Chair, International Bar Association’s Employment and Industrial Relations Law Committee
Selvamalar Alagaratnam commenced her legal practice with a local law firm dedicated to Employment Law. In 2000, she joined Skrine and was admitted as a Partner in 2006. Since her admission to the Malaysian Bar, she has been primarily engaged in employment law work. Selvamalar is ranked in Chambers Asia as a leading individual for Employment & Industrial Relation since 2009. She is also listed as one of the world’s leading practitioners by Who’s Who Legal 2014 – 2017 in Management Labour & Employment and recognised as Who’s Who Legal Thought Leader for Employment and Industrial Relations in 2017 and 2018 and for Labour & Employment 2019 and 2020.
Kavitha Rajendraparshad Talent & Organizational Development Manager, Nestle Malaysia
Kavitha has been actively involved in the HR industry for 12 years in total within Nestle and has undertaken various roles such as HR Business Partner, Factory HR Manager, Change Project Manager and currently, Head of Talent and Organizational Development. As a business partner over the years, she has worked closely with various businesses to provide end to end solutions from talent attraction to development and retention, driving leadership development initiatives and supporting the business through change. She has also led several projects that focuses on gaining efficiencies through streamlining workflows , structure redesign and automation. Her experiences include, among others, on Strategic Human Resources, Talent and Performance Management and HR Transformation.
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Work from home previously was a flexibility that in the local landscape was rarely granted. Overnight, the pandemic made it mandatory and will likely remain present, if not permanently then at least from time to time. This change brings with it the need to rethink the old ways of managing and measuring performance, maintaining discipline and all other issues that previously were confined within the four walls of the office premises.
John Wilson Managing Partner, John Wilson Partners, Sri Lanka, Chair, International Bar Association’s Intellectual Property Committee
John Wilson graduated in 1995 with an LL.B (Hons.) degree as well as a Maîtrise en droit privé mention droit français et anglais and was called to the Bar of England and Wales in 1996.He was admitted as an Attorney-at-Law and Notary Public, Colombo in 2000. John acts as an official lawyer of the Swiss Embassy, Colombo, legal adviser to the Canadian High Commission, Colombo, Avocat Conseil of the French Embassy, Colombo, trusted lawyer of the Embassy of the Federal Republic of Germany, Colombo and a designated legal council for the Austrian Embassy, New Delhi. His legal practice is predominantly in the fields of foreign investment, intellectual property, corporate law, litigation, arbitration, enforcement of foreign judgments and arbitral awards, tax issues, employment law and industrial relations matters and restructuring and liquidation of companies.
Sonia Abraham Partner, Azman Davidson
Sonia graduated from the University of Kent in 1994. She has practised at Azman Davidson & Co since being called to the Malaysian Bar in 1997 and was made Partner in 2005. Sonia’s experience in general litigation and arbitration for 10 years before specialising in Employment Law has deepened her capacity to advise clients from different fields and industries on employment matters. She represented companies against claims filed by employees for reinstatement arising from dismissal, sexual harassment, constructive dismissal, retrenchment exercise, voluntary separation scheme and mutual separation including calculating severance benefits. Sonia also drafted legal documentation including general memos, retrenchment notices, VSS package documents, mutual separation agreement and talking points for management. Among others, she has advised companies in mergers and acquisitions and takeovers on employment-related issues, including retention of key personnel and the due diligence exercise. Sonia is a Member of the Human Resources and Home Affairs Committee of the Malaysian International Chamber of Commerce & Industry (MICCI).
Queenie Wong Customer Advisory Director, SAS Institute Malaysia & Vietnam
Queenie currently heads the Customer Advisory for both SAS Malaysia and Vietnam. She is also the Business Director for SAS Vietnam. In her current role, she advises businesses on how best to monetize their data by leveraging on data analytics for more business insights and decisions. In her current role, she is also responsible for identifying possible collaborations within the ICT and engineering ecosystems to adopt analytics and operationalising analytics. She has more than 20 years of experience in the ICT industry with roles ranging from solution advisory, sales management, business development and consulting. She is a leader who is able to develop and motivate others to achieve targets and goals.
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Digitalisation was a lifeline allowing businesses to operate remotely during the global lockdown resulting from the COVID-19 pandemic, and will continue to be an integral part of the new normal working life and will continue to grow in importance. However, the inevitable consequence is the heightened risk to confidentiality and security breaches. There is also a need to understand and assess possible impacts on employee/employer ownership of inventions. This session will examine how organizations can identify and manage these risks and will discuss the rules governing ownership of employee generated inventions and what remedies employers have against employees who breach their confidentiality obligations during their employment and after they leave employment.
Y.A. Puan Rajeswari Karupiah Chairman, Industrial Court Kuala Lumpur
Puan Rajeswari was appointed as a Chairlady in the Industrial Court Kuala Lumpur with effect from 23 April 2018. Puan Rajeswari was called to the Malaysian Bar in 1997 and practiced as an Industrial Relations and Employment Lawyer where she represented employees, trade unions and many prominent corporations in their employment and industrial relations disputes. In 2011, Puan Rajeswari joined The World Bank in Washington, USA as a Legal Consultant where she participated in several successful projects that include the introduction of Minimum Wages in Malaysia. Apart from presenting papers on employment related matters, Puan Rajeswari has co-authored several of the World Bank Reports that include the Optimal Design for a Minimum Wage Policy in Malaysia and The Policy & System of Foreign Immigration in Malaysia.
Andrew Lo Secretary, Sarawak Malaysian Trades Union Congress
Andrew Lo is the Chief Executive Officer of the Sarawak Bank Employees Union having served as General Secretary from 1989 until 2009. He is also Secretary of Malaysia Trade Union Congress (MTUC) Sarawak since 1999. He was a Board Member of the Employees Provident Fund from 1998 until 2011 and was the Chairman of the Board Audit Committee and Director of Project Bandar Samariang Sdn Bhd. He was also Council member of the EPF Chair for Old Age Protection at University Malaya. He was the Deputy leader of the 2011 Performance Management Unit (PEMANDU) Lab on Human Capital Development, as part of the Strategic Reform Initiatives under the Malaysia government’s Economic Transformation Programme leading to the implementation of Minimum Wages, Retirement Age & Employment Insurance.
Lim Heng Seng Partner, Lee Hishammuddin Allen & Gledhill, Malaysia, ex-Industrial Court Chairman
Lim Heng Seng’s practice covers all aspects of employment and industrial relations law, with a particular focus on corporate advisory work. He advises widely on corporate reorganization and restructuring where management of transition and migration of people requires sensitive and sensible handling. He also developed expertise in advising corporate clients on the due and proper exercise of their managerial prerogatives based on good and accepted industrial relations practices and well-established principles of industrial jurisprudence. Heng Seng has been a member of the Editorial Advisory Board for the Industrial Law Reports published by the Malaysian Current Law Journal since 2004. He is alsoa regular speaker and panelist in employment and industrial relations law seminars and conferences where he shares his knowledge and experience on topics of current interest to practitioners.
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Industrial Law has developed in many ways in the past 50 years. Commercial reality has had an impact on how the Industrial Court views issues and is reflected in the awards handed down, especially in recent years. This panel will discuss how, if at all, the Industrial Court will respond to the COVID-19 pandemic and the disruption it has brought to businesses which has in many cases led to unemployment or practices that previously were frowned upon. It is anticipated to be a lively and thought provoking session on whether the Industrial Court will, reluctantly or otherwise be faced to accommodate business needs; or whether it will take the position that it is the last bastion against an outright capitalistic model.
Dato’ Dr Amar-Singh Hss Senior Consultant & Former Head of Clinical Research Centre, Perak
Dato’ Dr Amar-Singh HSS is a Senior Consultant Paediatrician. He served in the civil service for more than 35 years and was formerly the Head of the Paediatric Department at Ipoh Hospital and the Head of the Clinical Research Centre at Perak. He is the advisor for the National Early Childhood Intervention Council (NECIC) and the National Family Support Group for Children & People with Special Needs. He has assisted MOH to revise the child health services and introduced a number of national programmes for children. With his wife, he is also offers spiritual direction and counselling. He is an active child advocate and is the recipient of the “Outstanding Asian Paediatrician Award” 2012 and “SENIA Advocacy Award” 2016. He is also a Senior Fellow at the Galen Centre for Health and Social Policy. He is enjoying his recent retirement and tries to live every day to the fullest.
Ravindra Kumar Partner, Raja, Darryl & Loh
Ravindra is a recognised practitioner in the area of Employment and Industrial Relations with practice experience since 1987. His practice in this area involves both aspects of litigation and advisory work on various issues such as employee misconduct, compliance on employment and industrial relations laws and occupational health and safety laws, workforce restructuring, reduction in force and cost-cutting initiatives as well as strategic advice during negotiations for employee exits. His clientele comprises multinational and Malaysian companies from various industries such as oil and gas, oleochemical, aerospace, pharmaceutical, healthcare/medical, education, information technology, financial services, hospitality, automotive, fast-moving consumer goods and manufacturing. He is currently the Vice President of the Malaysian Society for Labour and Social Security Law (MSLSSL).
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The COVID-19 experience has made health and safety a priority item on every workplace agenda. This session will be a study into the potential risks and liabilities that arise, recommended steps to minimise them and extent to which an employer’s obligation extends.
Hetal Doshi Organizational Psychologist, O Psych Sdn Bhd
Hetal is an Organisational Psychologist, Certified Professional Coach and a Certified Trainer. She holds a Masters in Organisational Psychology from Macquarie University (Sydney) and a Bachelors of Arts majoring in Psychology from National University of Singapore (Singapore). She is also certified in several Psychometric Tools and Systems. Hetal has been in the Human Resources Consulting & Training business for several years with a focus on consulting, training, coaching, psychometric testing, developing assessment centres, talent development, outplacement and crisis consulting. She has worked successfully in countries and cities including Bangladesh, Hong Kong, Jakarta, Mumbai, Perth, Singapore, Shanghai, Sydney and Thailand. Hetal’s clientele include, among others, Bank Negara, Air Asia, Johnson & Johnson, Astro, Ministry of Home Affairs (Malaysia), MIDA (Malaysia), Health Promotion Board (Singapore), Royal Malaysian Airforce and Malaysian-German Chamber of Commerce.
Janice Anne Leo Partner, Steven Thiru and Sudhar Partnership
Janice Anne Leo graduated in 1997 from the University of London (LL.B. (Hons)). She completed the Certificate in Legal Practice at University Malaya in 1999 and was admitted as an Advocate & Solicitor of the High Court of Malaya in 2000. She subsequently obtained her Masters degree in Industrial Relations and Human Resource Management from the University of Sydney. She has handled numerous employment related disputes at the Industrial Court and judicial review applications at the High Court, and argued appeals at the Court of Appeal and Federal Court. Janice is recognised as ‘Noted Practitioner’ by Chambers & Partners and, as a ‘Distinguished Practitioner’ for Labour & Employment by Asialaw. She has also been ranked by Legal 500 Asia Pacific for the same area of practice. Janice also speaks on employment related matters at conferences/seminars both locally and internationally.
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COVID-19 is presenting new and unique challenges to both employers and employees during these unprecedented times. Routines have been disrupted, employees are socially isolated from their colleagues with remote working or new social distancing practices at work, and some employees are also facing pay cuts and retrenchments. This is naturally causing added mental, emotional and financial stress. Now more so than ever, employees’ mental health and well-being must be addressed.
Datuk Hj Shamsuddin Bardan Executive Director, Malaysian Employers Federation
Datuk Hj Shamsuddin Bardan heads the Malaysian Employers Federation (MEF) Secretariat. As the Executive Director of MEF, Datuk is entrusted with the full responsibility of administrating the organization. As MEF is the apex private sector employers’ organization in Malaysia with more than 6,000 ordinary members and 25 association members, Datuk in his capacity as the MEF Executive Director recommends policies to be pursued by MEF to the Government in ensuring that the private sector in Malaysia operates in a more business friendly environment so as to ensure the private sector employers remain competitive. The efficient and effective work of Datuk in managing MEF is internationally and regionally recognised. Datuk has also participated in various Conferences and Workshops at the National, Regional and International Level.
Wong Keat Ching Partner, Zul Rafique & Partners
Wong Keat Ching holds a Bachelor of Arts in Law (Hons) from the University of Nottingham and the Certificate in Legal Practice (CLP). She was admitted as Advocate & Solicitor of the High Court of Malaya in 1998. She has been named as a Distinguished Practitioner 2020 by Asialaw Profiles, Dispute Resolution Star 2020 by Benchmark Litigation Asia Pacific and Leading Individual 2020 by Legal 500 Asia Pacific under Labour and Employment. She has appeared in the Federal Court to argue issues such as the High Court’s supervisory powers over Industrial Court decisions, dismissal of trade union officials, proportionality of punishment and gender discrimination in retirement age. She also handles contractual disputes in the civil courts. Apart from cases involving discipline, investigation of misconduct and dismissal, she also provides regular advice on corporate restructuring affecting employees, in particular M&A exercises; voluntary separation scheme (VSS); restructuring of senior management positions; establishment and closure of foreign companies in Malaysia as well as labour due diligence.
Jaya Dass Managing Director, Randstad Singapore & Malaysia
Jaya Dass joined Randstad in 2008 as a recruitment consultant and she now helms the Singapore and Malaysia offices that collectively house more than 130 recruitment consultants across multiple specialisations. Equipped with strong business acumen drawn from her prior experience in business operations and development as well as audit, Jaya is known for her ability to craft future-ready business strategies and empathetic leadership skills. Under her leadership, Singapore’s operation achieved the second-highest profit margin in Randstad’s global portfolio in 2018. Jaya took on Malaysia’s operations under her remit, in addition to her Singapore portfolio in 2019. She continues to invest her efforts and resources to scale operations in both markets, with the aim to become the top-of-mind HR solutions agency for all leading companies and professional job seekers. She is a member of the Singapore Human Resources Institute, the Marketing Institute of Singapore and accredited WSQ Advanced Certificate in Training and Assessment.
Donovan Cheah Partner, Donovan & Ho
Donovan leads the firm’s Employment Law and Dispute Resolution practice group. His work in the field has been recognised by publications such as Legal 500 Asia Pacific, Chambers & Partners, Asialaw and Benchmark Litigation. He assists corporate clients on employment law issues such as restructuring exercises, drafting of employment contracts, handbooks and policies, and managing dismissal of employees. He has also represented clients in unfair dismissal claims before the Industrial Court, and in judicial review proceedings regarding the decisions of the Minister of Human Resources. Donovan is an advocate and solicitor of the High Court of Malaya, and is a registered foreign lawyer with the Singapore International Commercial Court.
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With revenue being the biggest victim of the pandemic, the need for cost cutting is a priority for businesses. Various efforts have to be taken to prevent a financial crisis while staying on the right side of the law. There is also the added challenge of not knowing how soon this will pass and whether reduction in workforce exercise either in the form of a voluntary separation scheme, mutual separation or retrenchment is too hasty. Other cost cutting options are available which involve re-negotiating contractual terms, drawing a distinction between the must haves and nice to haves as well as recognising which are the fundamental terms of employment.
Siva Kumar Kanagasabai Partner, Skrine
Siva Kumar is a partner in Skrine and co-heads the Employment practice of which he has over 20 years’ experience. He has advised extensively on various human capital matters, including trade disputes, fraud related issues and investigation, structuring senior executive packages, advising on separation schemes and crisis management. He has acted as lead counsel in a full range of employment-related disputes. Kumar also heads the Maritime and Shipping practice group in Skrine and is involved in general corporate/commercial litigation and has acted as counsel in both domestic and international arbitrations. He is a regular contributor to law publications and is often invited to speak at law conferences.
Nancy Fortner has more than twenty-five years of Global Organizational Development and Human Resources experience. She has consulted and trained globally on Organizational Development and Human Resources in the areas of Strategy, Performance Management, Change Management, Organizational Restructuring, Mergers & Acquisitions, Succession Planning, Leadership Assessment and Development across a wide spectrum of industries. She is also an invited speaker at various global conferences and professional events. She is a member of Human Resources Professionals Association (Canada), Society for Human Resource Management and The Human Capital Institute (USA). In 2014, Nancy received the Strategic Leadership Award from the World HRD Congress at the Global HR Excellence Awards in Mumbai. She is also an Associate of the Melbourne Business School. Nancy resides in Malaysia and consults globally for clients.
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An interactive workshop aimed at equipping the participants with the know-how, methods, dos and don’ts when managing performance, training and mentoring personnel. Knowledge that is crucial to maintaining and nurturing talent.
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The Organiser will not refund the payment made by the participant(s) for the respective session if the participant(s) decide to cancel their registration or in the event of “No Show”. You may substitute an alternative delegate(s) by notifying CLJ at least 2 (two) working days before the date of the Virtual Conference session.
