New user? Register as member

Workplace Issues - IP, Harassment, Non-Compete, Confidentiality, Termination & Dismissal Issues

Developments and updates in the workplace are vital so as to handle workplace issues efficiently within the legal framework. This course deals on specific labour issues – intellectual property, harassment, non-compete, confidentiality clauses, termination and dismissal – that commonly arises. Intellectual property issues are also of recent phenomenon that cannot be ignored in the business world as they are valuable assets. Ignorance of the law is not a privilege. It is our misfortune. There will be quizzes and case scenarios discussed to enhance learning.

Outline

1. Key Considerations in Drafting Employment Contracts
- wish-list items
- intellectual property clause - ownership
- confidentiality clause
√ scope of confidential information
√ protecting trade secrets
- restrictive covenants
√ non-compete clause
√ non-solicitation clause
√ contract in restraint of trade clause
- no authority to contract clause

2. Managing Workplace Harassment
- Protection from Harassment Act (POHA)
- Harassment causing alarm & distress with or without intention
- Who are liable for workplace harassment?
- Employer Obligation not to Harass Employee
- What are the Benefits of Preventing Harassment?
- How to Mitigate Risk of Workplace Harassment?
- How to Structure Anti-Harassment Policy?
- Internal Reporting & Response Procedures
- Confidentiality of Complaint Process
- Training & Education

3. Termination & Dismissal Considerations – Practical Common Issues
- Certainty of Terms
- Termination before work starts
- Termination by Employer’s Conduct
- Termination with or without Notice
- Frustration of Employment Contract
- Termination by notice
√ common law position
√ Employment Act
√ compensation
√ quantum of damages
√ garden leave
- Termination for Cause
√ dismissal at common law
√ breach of fiduciary duty
√ insubordination
√ prejudicial conduct

4. Investigation & Internal Inquiry for Summary Dismissal
- What is Misconduct at Common Law? Examples?
- Summary Dismissal
√ Due Cause: Investigation, evidence of misconduct
√ Due Process: Internal inquiry (hearing)
- Internal Inquiry: when required?
- Requirement for Internal Inquiry
√ Employment Act, section 14
√ Employment Contract
- Employee handbook
√ Policy
- Collective agreement
√ Fair Employment Practices Guidelines, 2007
- Complaints of discrimination
- Internal Inquiry Process
√ Complaint
√ Investigation
√ Interviews
√ Investigation Report
√ “Show Cause” stage
√ Notice to “Show Cause”
√ Reply to “Show Cause” Notice
- The 7 Basic Principles for Conducting Fair Inquiry Hearing
- Inquiry Hearing Procedure

Who should attend

Any company executives, managers and directors and HR professionals and anyone who wants to update and learn more.

Particular of Catherine Tay

Catherine Tay has over 35 years of lecturing experience as an Associate Professor lecturing business law at the National University of Singapore (NUS) Department of Strategy and Policy, NUS Business School. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She is an author of more than 8 law books, including her best-seller book title called "Contract Law - A layman Guide".

She studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws with Honours and with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws.

She has facilitated seminars and in-house training courses for many business law topics such as tenancy agreements, contract administration management, procurement contracts, legal and practical aspects of tender management, Service Level Agreements and Outsourcing contracts, oil and gas contract management, insurance contracts, Intellectual Property Laws and PDPA data privacy laws. She is an examiner on law subjects for a number of professional bodies and universities in Singapore and overseas. She has lectured at the NUS Extension in professional and business management law courses.

She was an adjunct lecturer at NUS Institute of System Science, in IT outsourcing contracts for over 20 years. She is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.