Course Details

Employment Contracts, Terminations, and Legal Risks Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for navigating the intricate legal landscape of employment contracts, terminations, and associated legal risks. Recognizing that improper handling of these critical areas can lead to significant financial penalties, reputational damage, and operational disruption, this program equips participants with a systematic understanding of legal requirements, best practices, and effective risk mitigation strategies. Participants will gain deep insights into drafting legally sound agreements, managing various forms of termination compliantly, and proactively avoiding common legal pitfalls. This course is ideal for HR professionals, managers, business owners, legal counsel, and anyone responsible for managing the employment relationship.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in managing the employee lifecycle, from hiring to exit, and those with legal oversight responsibilities, including:

• Human Resources (HR) professionals and managers.
• Line managers and supervisors with hiring or termination authority.
• Business owners and senior leaders.
• In-house legal counsel and compliance officers.
• Employee relations specialists.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Understand the legal requirements for valid and enforceable employment contracts.
• Identify different types of employment termination and their legal implications.
• Apply compliant procedures for managing employee exits, including dismissals and redundancies.
• Recognize and mitigate key legal risks associated with employment relationships.
• Contribute to fostering a legally sound and fair employment environment.

MODULES

Module 1: Foundations of the Employment Relationship

• Define the employer-employee relationship from a legal perspective.
• Differentiate between employees, independent contractors, and other worker classifications.
• Understand the implied terms of employment and statutory rights.
• Discuss the sources of employment law (e.g., statutes, common law, collective agreements).
• Examine the importance of good faith and mutual trust in the employment relationship.

Module 2: Drafting and Managing Employment Contracts

• Understand the essential elements of a legally binding employment contract.
• Discuss key clauses: job description, compensation, hours, leave, confidentiality, intellectual property.
• Explore different types of contracts (e.g., permanent, fixed-term, part-time).
• Examine legal requirements for offer letters and onboarding documentation.
• Address common pitfalls in contract drafting that can lead to disputes.

Module 3: Managing Performance and Conduct Issues

• Understand the legal framework for performance management and appraisals.
• Discuss fair and consistent disciplinary procedures for misconduct.
• Explore legal considerations for managing poor performance, including warnings and improvement plans.
• Examine the importance of proper documentation in performance and disciplinary processes.
• Learn about the "just cause" standard for serious misconduct.

Module 4: Types of Employment Termination

• Identify various forms of employment termination (e.g., resignation, dismissal, redundancy, frustration of contract).
• Understand the legal definition and implications of each type of termination.
• Discuss the concept of "constructive dismissal" and its legal risks.
• Explore the legal requirements for mutual separation agreements.
• Examine specific rules for termination during probationary periods.

Module 5: Lawful and Fair Dismissals

• Understand the legal requirements for a fair dismissal process.
• Discuss the importance of a valid reason for dismissal and procedural fairness.
• Explore the steps involved in conducting a disciplinary hearing prior to dismissal.
• Examine the legal concept of "summary dismissal" for gross misconduct.
• Learn about legal obligations for notice periods and payment in lieu of notice.

Module 6: Redundancy and Restructuring Compliance

• Understand the legal definition of redundancy and its requirements.
• Discuss the importance of a fair and transparent selection process for redundancy.
• Explore legal obligations for consultation with employees and/or unions.
• Examine legal requirements for severance pay and other entitlements during redundancy.
• Address strategies for mitigating risks of unfair dismissal claims during restructuring.

Module 7: Post-Employment Obligations and Restrictive Covenants

• Understand legal obligations that continue after employment ends (e.g., confidentiality, return of property).
• Discuss the enforceability of restrictive covenants (e.g., non-compete, non-solicitation) in contracts.
• Explore the legal considerations for garden leave and payment in lieu of notice.
• Examine the importance of a legally sound exit process and documentation.
• Learn about post-employment liabilities for both employer and employee.

Module 8: Mitigating Legal Risks and Dispute Resolution

• Identify common legal risks associated with employment contracts and terminations (e.g., discrimination claims, wrongful dismissal suits).
• Develop proactive strategies for preventing legal disputes.
• Discuss the role of internal grievance procedures and mediation.
• Explore external dispute resolution mechanisms (e.g., labor courts, arbitration, conciliation).
• Examine the importance of legal advice and continuous review of employment practices.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com