Will I learn how to design a Performance Management System for my organisation?

Yes. Session 2 covers four appraisal frameworks (Competency-Based, KRA/KPI, Balanced Scorecard, OKR) and teaches you to select and implement the right one for your organisational context. You will also learn to ensure PDPA 2010 compliance, integrate ESG workforce metrics for Bursa-listed companies, and design output-based systems for FWA and hybrid employees.

What is a moot exercise and how does it help me as an HR professional?

The moot exercise in Session 3 simulates an Industrial Court hearing where you argue both employer and employee positions before a panel. This builds real-time advocacy, legal reasoning, and oral communication skills that directly prepare you for DGIR conciliation and Industrial Court proceedings, skills few HR professionals in Malaysia possess.

Subject 3: Managing People Performance & Behaviour

Three Sessions. Probation → PMS → PIPs.

Progressive complexity: Session 1 builds legal foundations, Session 2 elevates to systems design, Session 3 reaches advanced applied analysis and moot advocacy.

Session 1

Manage Probationary Employment

EA 1955 Post-2023 · IRA 1967 · Case Law · 3–4 Hours

Legal status of probationers under the expanded EA 1955 coverage. Drafting compliant offer letters and probation frameworks (Ss. 10, 12, 13, 14, 41A, 60FA, 60P–60Q, 81H, 90B, 101C). Mandatory onboarding obligations: sexual harassment notice, anti-discrimination, forced labour prohibition. Case law: Paari a/l Perumal (automatic confirmation), K.C. Mathews, Wong Choon Moey. Calculating termination liabilities including the 24-month back-wages cap.

Probation LawOffer Letter DraftingS.81H OnboardingAutomatic ConfirmationBack-Wages CalculationS.101C Contractor Test

Session 2

Design & Operate Performance Management Systems

4 Appraisal Frameworks · PDPA 2010 · ESG Reporting · 3–4 Hours

Evolution of performance management. Evaluate 4 frameworks: Competency-Based, KRA/KPI, Balanced Scorecard, OKR. Anchor metrics to EA provisions, SOCSO/EIS/EPF contributions, and OSHA 1994 compliance. Identify and mitigate 7 rating errors including Discrimination Bias under the 2023 amendments. PDPA 2010 (7 Data Protection Principles) applied to PMS platforms. ESG workforce metrics (Bursa Malaysia). Output-based PMS design for FWA/hybrid employees (Ss. 60P–60Q).

KRA/KPI · OKRPDPA 2010 ComplianceBalanced Scorecard7 Rating ErrorsESG MetricsFWA PMS DesignHR Cost-per-Head

Session 3

Manage Underperformance & Execute PIPs

S.12 vs S.14 · Progressive Discipline · Moot Exercise · 3–4 Hours

The critical distinction: underperformance (S.12 route) vs misconduct (S.14 route). Design legally compliant PIPs with SMART objectives, documented milestones, and signed acknowledgements. Execute the 5-step progressive discipline process. Draft Show Cause letters, evaluate responses. Navigate special protections: S.41A (pregnant employees during PIP), Gig Economy Act 2025, EPF (Amendment) Act 2025 (foreign workers). Calculate financial exposure (24-month cap). Moot exercise: argue both sides before an Industrial Court panel.

S.12 vs S.14PIP Drafting5-Step ProcessS.41A ProtectionGig Economy ActMoot SimulationShow Cause Letter

10 Outcomes. Understand → Create.

Three SLOs operate at the Create level of Bloom's Taxonomy, reflecting the postgraduate expectation to produce original, professionally applicable documents and frameworks.

Understand

Explain probationary employee protections under the EA 1955 (post-2023) and IRA 1967

Including expanded coverage to all employees regardless of salary and the rights of probationers to unfair dismissal representation.

Create

Draft a legally compliant offer letter and probation framework

Addressing Ss. 10, 12, 60P–60Q, 81H, 90B, and the Minimum Wages Order 2024.

Evaluate

Evaluate confirmation/non-confirmation decisions and calculate financial exposure

Apply Paari (automatic confirmation), K.C. Mathews, Wong Choon Moey and quantify back-wages under the 24-month cap.

Analyse

Compare 4 PMS frameworks and justify selection

Competency-Based, KRA/KPI, Balanced Scorecard, OKR, evaluated against a given Malaysian organisational context.

Create

Design a PDPA-compliant Performance Management System

Integrating EA 1955 compliance, S.61 record-keeping, Bursa Malaysia ESG disclosure, and FWA output metrics.

Apply

Identify and mitigate 7 rating errors

Including Discrimination Bias under the 2023 anti-discrimination amendments. Implement rater calibration and bias training.

Analyse

Distinguish S.12 (underperformance) from S.14 (misconduct)

Apply the correct procedural pathway. Diagnose whether underperformance is an employee or organisational issue.

Create

Design a legally compliant PIP with SMART objectives

Documented milestones, signed acknowledgements, review schedules, satisfying Industrial Court evidentiary requirements.

Apply

Execute the complete progressive discipline process

From counselling through PIP, progressive warnings, Show Cause, to lawful S.12 termination, navigating S.41A and Gig Economy Act protections.

Evaluate

Critically evaluate an employer's underperformance process

Against statutory requirements and IC jurisprudence. Recommend corrections with quantified financial exposure analysis.

Skills Beyond Performance Management

Critical Thinking & Legal Analysis

Identify legal issues, evaluate multiple statutory provisions, construct reasoned arguments. The S.12 vs S.14 distinction is a direct exercise in legal reasoning.

Professional Written Communication

Three 500-word assignments. PIP drafting exercise. Precise, legally compliant professional documents within strict word limits.

Quantitative & Financial Analysis

Back-wages calculations, HR cost-per-head (SOCSO/EIS/EPF), minimum wage compliance, retrenchment benefit computations.

Ethical Reasoning & Judgement

S.41A analysis (pregnancy during PIP), FWA refusal evaluation, PIP good faith assessment, employer vs employee responsibility diagnosis.

Advocacy & Oral Communication

Moot exercise: employer's counsel vs employee's counsel before an Industrial Court panel. Real-time advocacy under pressure.

Digital Literacy & Data Governance

PDPA 2010 applied to PMS platforms. Evaluation of digital tools (Darwinbox, BambooHR, Culture Amp). AI-driven analytics disclosure.

Common Questions

Section 12 governs termination by notice, the correct route for underperformance following a PIP. Section 14 governs termination for misconduct "after due inquiry" via a Domestic Inquiry. Confusing the two is one of the most common and costly HR errors in Malaysia. This subject teaches the diagnostic distinction and correct procedural pathway for each.

Yes. Session 2 covers four frameworks (Competency-Based, KRA/KPI, Balanced Scorecard, OKR) and teaches you to select, implement, and ensure PDPA compliance. You will also design output-based systems for FWA/hybrid employees and integrate ESG workforce metrics for Bursa-listed companies.

Yes. Session 1 covers probationer legal status, confirmation/extension/non-confirmation decisions, mandatory onboarding obligations (S.81H, S.90B), and case law (Paari, K.C. Mathews, Wong Choon Moey). You will also calculate termination liabilities including the 24-month back-wages cap.

In Session 3, you simulate an Industrial Court hearing, arguing both employer and employee positions before a panel. This builds advocacy, legal reasoning, and oral communication skills that directly prepare you for DGIR conciliation and Industrial Court proceedings.