Managerial Prerogatives and Their Limits (1)


Employers have a wide range of rights or prerogatives over their employees. These prerogatives are exercised at all levels of management (junior, middle, senior) and by all kinds of managers (finance, operations, marketing, etc). Their exercise is supervised or overseen by the Human Resource unit in the organisation and its personnel. This is an onerous burden and a grave responsibility.

The proper exercise of these managerial prerogatives is vital for the success of every organisation. Any abuse (or wrong use, whether intended or not) of them will almost certainly have a negative impact on employee morale. Without loyal and dedicated employees committed to the organisation and its objectives, nothing can be achieved.


  1. What is the justification for these managerial prerogatives?
  2. What specifically are the prerogatives employers in Malaysia have?
  3. Do these prerogatives have any limits at all?
  4. What are the actual limits to these prerogatives?

Without a clear understanding of these questions and more importantly of the answers to them, employers run the real risk of alienating their employees; and thereby jeopardising the achievement of organisational objectives.

This session addresses the questions posed above and provides practical answers to them in the Malaysian context.  The key managerial prerogatives covered pertain to employment, probation, placement, training, promotion, demotion, transfer, relocation, closure and shutdown, discipline and sanctions.  


Benefits to You

  • Recognise why managerial prerogatives exist, their objectives and the common pitfalls that managers fall into
  • Be clear of the managerial prerogatives that employers have and use them within the appropriate context.
  • Understand the limitations of the different managerial prerogatives so that our actions do not jeopardize ourselves nor the organization
  • Learn from the experience of real-life cases (documented and not documented) on the consequences of (1) failure to exercise managerial prerogatives and (2) abuse of managerial prerogatives. All the learning for the different managerial prerogatives will be through the use of the real-life Malaysian cases
  • Learn the essentials of managerial prerogatives and act with confidence when leading your subordinates

Programme Outline

  • What is a Managerial Prerogative (Management Right)?
  • Should there be any managerial prerogatives?
  • Are there any managerial prerogatives in Malaysia? Other parts of the world?
  • What are these managerial prerogatives and are they absolute or qualified prerogatives?
  • Is the “right to employ” an unqualified prerogative?
  • What does “right to work” mean and what are the implications of this right?
  • Relationship between the “right to work”, the “right to life”, and the “right to livelihood”?
  • Impact of “right to work” on employer’s right to dismiss or to terminate
  • Probation from the employer’s and probationer’s perspective
  • Is a probationer an “employee”/”workman” under the law?
  • How does a probationary employee compare with a confirmed permanent employee
  • Is there a process the employer should follow before dismissing a probationer?
  • Placement and training—is it a managerial prerogative or managerial responsibility?
  • Promotion and Demotion related issues
  • Who can set the criteria for promotion? In your opinion, what should the principal criteria be? (b) Can seniority ever be the sole criterion for promotion?
  • What exactly is “demotion”? And where do you think it fits in the list of disciplinary sanctions?
  • Transfer (a) What are the restrictions on the prerogative of transfer? (b) Is the use of transfer as a disciplinary sanction justifiable? If so, in what circumstances would transfer as a punishment be justified? (c) Where would you fit “disciplinary transfer” in the list of disciplinary sanctions? (d) What is “Nokes Rule”? What are the implications of this rule, say for a company which is part of a group of companies?
  • Distinction between a “transfer” and a “relocation”
  • Impact of a relocation on the employment relationship
  • Closure and Shutdown—what is meant by “closure” and its impact on the affected employees? What if a closure is not “real and genuine”?
  • Difference between a “closure” and “shutdown” and “closure” and a “lockout”
  • Difference between “permanent layoff” and “temporary layoff”
  • Discipline and sanction related issues

Who Will Benefit by Attending

  1. HR Managers, Assistant Managers and Executives
  2. Line Managers and Supervisors of various departments
  3. Executives who have direct line reports
  4. Executives who will be having subordinates in the next six months
  5. Entrepreneurs

Programme Leader

This programme will be conducted by: 

Mr. Harmain Haji Zaiyadi is a thorough-bred Human Capital Management expert having been involved both as a practitioner and as a trainer/consultant in the field for the past 37 years.

His Human Capital Management experience in corporations has taken him from the ranks of Human Resource Executive to General Manager of Human Resource of multinationals and public-listed companies.

The wide experience garnered in different industries in both unionized and non-unionized environment has given him significant exposure to handle HR related issues. It is therefore not surprising that the participants who have been attending his training programs since 2006 cite that the main difference is that he uses real-life experiences to support his training. His experience and inputs have been put to valuable use and he has trained Executive Directors, Heads of Departments, Line Managers and Supervisors from HR and non-HR disciplines in small and medium sized industries, public-listed companies and multinationals.

Venue The Ritz Carlton Kuala Lumpur
Duration Two Days
Time 0900 to 1730
Fee RM2, 120 per person for local delegates and US$680 per person for foreign delegates [price is inclusive of 6% GST, programme documentation, tea breaks and lunch]
Enquiries +603-27131165
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