...of deadlines on a project as she is not familiar with new programming language. However, Sam had no verbal or written warnings record against her performances. Manager had a meeting about her inability to meet her latest deadline but there were no legal documents about the meeting such as specific timelines for a performance review. Furthermore, during the meeting, Sam physically struck manager and walked out and had not returned for 7 days. Sam submitted a medical certificate for 7 days absence to Human Resources Department and the certificate had been filed within the organization’s system. Manager, supervisor and Human Resources department had a meeting without Sam about Sam’s misconduct and they made a decision to dismiss Sam. Sam brought this case to Australian Industrial Relations Commission and she won the case as there is no evidence to support its case of dismissal on the grounds of misconduct or serious misconduct. Sam was awarded costs of approximately $5000 for lost salary and wages and a further $5,000 for emotional distress * Reason to lose the case 1. The employer failed to follow a formal disciplinary process. 2. There was no impartial investigation carried out 3. There were no records of any notes provided by the employer to back the claims that there had been meetings and reviews. The only written evidence produced was the termination letter. 4. Sam produced a verified copy of her medical certificate in the hearing along with email evidence...
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...Steps and Processes for Employee Dismissal Diana Graves Strayer University Professor Kenneth R. Lewis, B.S., M.A., Ed.D. HRM520: Strategic Human Resource Management November 15, 15 Abstract This paper presents methods in which management can best coordinate and head a dismissal meeting during employee layoffs. These methods will touch on how management can best cope with the negative emotions associated with employee layoffs, how to conduct a proper dismissal meeting step by step, how compensation is determined for separated employees and how the impact of a dismissed employee affects a company as a whole. These methods will be best achieved by structured communication between management and employees. In addition, the paper will show that employees should receive proper notification prior to dismissal by management. During times of hardships, companies may choose to layoff employees. These times can be difficult and stressful if not handled properly. This paper will present a couple of different methods on how managers can make this period less stressful for employees, as well as show the impact of layoffs on the company as a whole. These methods will touch on proper and improper ways of communicating between managers and employees and give several steps on how to conduct dismissal meetings. Coping with Negative Emotions After an Employee Layoff Layoffs within a corporation are a difficult time for all. Management can find ways to help make this process a little...
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...Manage people performance Assessment Task- 2 Name – Kanubhai Vinodkumar Patel Student Id - 1410250 Topic – Disciplinary process- Case study Introduction: The purpose of this report is to provide the background and reasons why the decisions by Fair Work Australia were made in Sam’s favour. It identifies areas the company needs to address and implement in order to prevent this type of situation from occurring again. Work History as Sam’s Team Manager As Sam’s Team Manager I was aware that my predecessors response when dealing with her lacked in encouragement and was poorly handled. Sam is a diligent worker however, due to the company changing programming language to one Sam was unfamiliar with she has been unable to meet specific deadlines. Time was spent with Sam trying to understand her issues and Resources relocated in order to allow Sam extra time until she was confident and competent using the new programming language. The offer of additional training was made , but no specific timelines for a performance review to discuss progress on meeting the required standard of performance were given. During the final meeting with Sam about her inability to meet her latest deadline, Sam physically struck myself and left the office. A Medical certificate was sent to the office the following day, advising Sam was unfit for work due to stress. The receipt of this medical certificate was confirmed over the phone by...
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...company Security company Sam‘s Termination UNFAIR DISMISSAL Report Soo Shew Yeang, Team Manager Firrst Defense— 666 forest road Hurstville New South West Australia EMAIL: firstdenfense@gmail.com 27.10.2015 Introduction SAM is an employee of a small security company. She is upset because previously she has missed some projects and right now she is working at a project new programming language which is not she is not familiar with it. As manager I have been asked to assess SAM’s difficulties and track progress of SAM at workplace. SAM has been consulting to Doctor due facing stress problem at her work. In a meeting SAM walked off because of her poor health. The medical certificate has been filed with Human resource department when meeting was going to be held with me. Decision has been decided by supervisor, my Human Resources department and me to dismiss Sam on the basis of serious misconduct from Security Company by sending a registered mail to Sam’s personal mail address. SAM took an action by filling a case of unfair dismissal with Australia Industrial Relation Commission. SAM has won case of hearing because there was no evidence related to fair dismissal process of SAM. It was being analysed that due to poor management and loopholes in the Human Resources system. SAM won case and penalty was being paid to her. Company did not have...
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...turnover and ways of calculating them. | | | * Examine why people choose to leave or remain employed by organisations. | | | * Assess the strengths and weaknesses of different approaches to the retention of talent. | | | LO6: Know how to manage dismissal, redundancy, and retirement effectively and lawfully. | * Explain the main legal requirements in relation to dismissal, retirement, and redundancy. | | | * Advise organisations on good practice in the management of dismissals, retirements, and redundancies. | | | ASSESSMENT OUTCOME | PASS/REFER | | Students should please note that the above Assessment Outcome for this Unit is provisional and is subject to Internal EHWLC verification (IV) and external CIPD Verification (EV). Tutor: Date: Tutor’s signature: Title of report: Resource and Talent Planning Contents Introduction ...........................4 L.O. 2 ......................................4 L.O. 5 ..................................... L.O 6 ..................................... Appendix ............................. References .......................... Introduction This report will be focused on the following learning outcomes: LO.2 –How workforce planning, succession and...
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...Discipline and grievances at work The Acas guide We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today’s employment relations issues – such as discipline and grievance handling, preventing discrimination and communicating effectively in workplaces. Make the most of our practical experience for your organisation – find out what we can do for you. We inform We answer your questions, give you the facts you need and talk through your options. You can then make informed decisions. Contact us to keep on top of what employment rights legislation means in practice – before it gets on top of you. Call our helpline 0300 123 1100 for free confidential advice (open 8am-8pm, Monday to Friday and 9am-1pm Saturday) or visit our website www.acas.org.uk. We advise and guide We give you practical know-how on setting up and keeping good relations in your organisation. Download one of our helpful publications from our website or call our Customer Services Team on 0300 123 1150 and ask to be put you in touch with your local Acas adviser. We train From a two-hour session on the key points of new legislation or employing people to courses specially designed for people in your organisation, we offer training to suit you. Go to www.acas.org.uk/training to find out more. We work with you We offer hands-on practical help and support to tackle issues in your...
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...of expertise. It’s therefore the first step of the contract of employment. Let’s now focus on the four elements of the trial period in France: 1. The trial period is not compulsory it’s just a possibility in favour of the 2 parties. 2. To be admit the trial period has to be written in the contract or letter of engagement 3. based on legal duration set by the Labour Code, collective agreements or employment contracts depending of the kind of contract and the position. A maximum duration of this period allows the employee to be protect against the possible abuse of power from employer: According to the article L1221-19 of the code of labour: For the permanent contract: 2 months for workers and employee, 3 months for the technicians and 4 months for the executives. For the temporary contract: there is no conventional disposition so it’s depends of the contract duration. Contract under 6 months: maximum of 2 weeks. Contract more that 6 months: maximum of 1 month For the temporary agency contract: the maximum duration is fixed through a conventional or professional disposition however its duration cannot exceed: Contract under 1 month: 2 days Contract between 1 and 2 months: 3 days Contract more than 2 months: 5 days 4. Lastly The probationary period can be broken at any time and without any compensation by both parties respecting a notice period (48 hours), and for a reasonably reason, if it’s...
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...BSBMGT502B MANAGE PEOPLE PERFORMANCE ASSESSMENT TASK :2 S2153 NAVIN RAJENDHIRAN MANAGE PEOPLE PERFORMANCE (BSBMGT502B) S2153 NAVIN RAJENDHIRAN MANAGE PEOPLE PERFORMANCE (BSBMGT502B) BSB MGT502B Manage people performance INDEX Content Page 1. Disciplinary process report………………………........ 2 a. Reason for Organizational lost …………………… 2 b. Sam’s claim of unfair dismissal……………………. 3 c. Legal and organisation requiremnets …………….. 3 d. Risk analysis………………………………………… 4 e. Misconduct and serious misconduct………………. 4 f. List of legislation……………………………………. 5 g. Policies and procedure …………………………….. 5 h. Supporting Documents ……………………………. 6 i. Performance review and disciplinary process…… 6 Assessment 2: Disciplinary process Student’s Name | Navin Rajendhiran | ID No. | S2153 | Assessor’s Name | Tardeesh Kaur | Phone No. | 0402380974 | Assessment Date/s | | Time/s | | 1. The reasons the organisation lost its unfair dismissal case with Fair Work Australia * This report discuss about the Performance management system and disciplinary process that a manager fail to progress in a security company, which leads bad employee to wins the hearing on dismissal case. There are several reasons that heads the organization to lose a dismissal case are shown below. * Formal disciplinary process is not pursued by the...
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...disciplinary rules are breached. 2. Principles a) The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated. b) At every stage, employees will have the opportunity to state their case and be represented or accompanied, if they wish, by a work colleague. c) An employee has the right to appeal against any disciplinary penalty. 3. The Procedure Stage one - first warning If conduct or performance is unsatisfactory, the employee will be given a written warning or performance note. Such warnings will be recorded, but disregarded after ... months of satisfactory service. The employee will also be informed that a final written warning may be considered if there is no sustained satisfactory improvement or change. (Where the first offence is sufficiently serious, for example because it is having, or is likely to have, a serious harmful effect on the organization, it may be justifiable to move directly to a final written warning.) Stage two - final written warning If the offence is serious, or there is no improvement in standards, or if a further offence of a similar kind occurs, a final written warning will be given which will include the reason for the warning and a note that if no improvement results within ... months, action at Stage 3 will be taken. Stage three - dismissal or action short of dismissal If the conduct or performance has...
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...When a new employee starts with a new company, there are several internal and external factors that can affect the employment relationship. An internal factor could be training. If an employee does not get sufficient training or the training that they may have been promised at the start of employment Three different types of employment status are an employee, a worker and self-employed. An employee can be part-time, full-time, permanent or temporary. They will work under a contract of employment which can be written or verbal. They have full rights. All employees will be workers but not all workers are employees. Workers do still have some rights. Workers will be working under various contracts. Workers do have part rights. This is one of the main reasons it is important to clarify someone’s employment status. An individual who is self employed will work for themselves rather than working for an employer. The main difference is that they have no rights and you as an employer will not be responsible for paying their tax or NI contributions. It is key to clearly determine an individual employment status for several reasons. As different employment statuses have different rights and entitlements such as holiday pay and enrolment in a pension scheme for employees which a self employed individual wouldn’t be entitled too. It is also important for someone to know where they legally stand so there is no breakdown in trust between two people which may lead to demotivation. It is...
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...Sundale Company 1 Running head: The Sundale Company Case Analysis The Sundale Company Case Analysis Julia Cunningham Baker College Dr. Michael Laibe August 20, 2012 Sundale Company 2 The Sundale Company Case Analysis Problems Macro The Sundale Club is the largest athletic/social club in the city (Brown, 2011) and while in previous years had to deal with a waiting list is now encountering dwindling membership numbers. Complaints about the Men’s Activities Director (Chuck Johnson) were surfaced to the Athletic Director (Ted Ellis) and were dismissed. This dismissal and subsequent behavior began to have an impact on the club’s other departments (social and mixed activities). The dismissal did lead to Ellis speaking with the club’s Director (Bob Watts) however Watts was more focused on retirement and quite simply did not want to rock the boat and deal with a key human resources issue. Having exhausted all avenues available, Ellis resigned and moved to the competition. Micro The dismissal by Ellis of the complaints from members of the club led to the staff becoming discouraged and discontent with their jobs. If the Athletic Director would be willing to go to bat for a friend and not deal with the growing number of complaints from the members of the club, how would other issues be addressed and have them be heard? Other members of the staff as a result would limit their interaction with Johnson due to the preferential treatment being shown...
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...can lead to happier, more motivated and better performing employees. Reviewing, refining and implementing performance management systems are ways of helping achieve these significant benefits. What is underperformance? Underperformance or poor performance can be exhibited in the following ways: · unsatisfactory work performance, that is, a failure to perform the duties of the position or to perform them to the standard required · non-compliance with workplace policies, rules or procedures · unacceptable behaviour in the workplace · disruptive or negative behaviour that impacts on co-workers. Underperformance is not the same as misconduct. Misconduct is very serious behaviour such as theft or assault which may warrant instant dismissal. In cases of misconduct employers should seek...
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...Introduction Downsizing is reducing the workforce of a company by an employer. It usually happens because there is a loss of finances, loss in contracts, technology changes, or international competition. There are a few ways a company can downsize, such as, terminating employees, give them an option to retire early, or hiring freezes, just to name a few. Letting go of an employee for whatever reason can be one of the most difficult tasks an office manager can face. There should be steps taken to make sure the process proceeds smoothly. The last thing you want is for a dismissal meeting to end badly. I will propose three ways a manager can cope with negative emotions that may arise with an employee layoff. I will provide a step-by-step process of conducting the dismissal meeting. I will also take a look at the compensation the company may provide to the separated employee and create a chart to depict the timeline of the disbursement of the compensation. Last, I will predict three ways the layoff may affect the company. Three ways to cope with negative emotions Managers may have distinctive reactions to layoffs because they are mediators and receivers of change. “Their reactions are important because they can affect employee morale. Employees pay close attention to manager’s behaviors and messages they send out. The first way to cope with negative emotions is to thoroughly communicate (Dewitt, Trevino, & Monica, Spring 2003)”. Be private and honest with the employee...
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...Assignment 3: Dismissal Meeting Imagine that you are an office manager and you have been tasked with the job of coordinating and heading the dismissal meeting for an employee layoff. Write a six to eight (6-8) page paper in which you: 1. Propose three (3) ways that a manager can cope with any negative emotions that may accompany an employee layoff. 2. Describe a step-by-step process of conducting the dismissal meeting. 3. Determine the compensation that the fictitious company may provide to the separated employee. 4. Using Microsoft Word or an equivalent such as OpenOffice, create a chart that depicts the timeline of the disbursement of the compensation. 5. Predict three (3) ways that this layoff may affect the company. 6. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: * Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Dismissal Meeting Within any company, managers must be reminded that the focus of a layoff is not on the actual individual being released, but rather on the position itself. The layoff decision is made based on the needs of the company and the position. If the individual is not fulfilling the position or if the position is no longer necessary, the...
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...SDB1 HMPP Block 5 2015 HMPP Disciplinary Process - Case Study Candidate’s Name Assessor’s Name Assessment Site Assessment Date VICTOR MOURA VICTOR MOURA Colin Sydney Block 5 2015 Student No. Class No. MAI2002 SDB1 Assessment No. 3 1 MAI2002 SDB1 HMPP Block 5 2015 CONTENTS PAGE Assessment Task 3 - Disciplinary Process - Case Study Part 1 Conduct a Risk Analysis..............................................................................................pg3 Part 2 What WorkFair says about..........................................................................................pg4 Part 3 Risks, Consequences and Mitigation...........................................................................pg7 Reference Page............................................................................................,..........................pg8 VICTOR MOURA 2 MAI2002 SDB1 HMPP Block 5 2015 ASSESSMENT TASK 3 DISCIPLINARY PROCESS - CASE STUDY Part 1 Conduct a Risk Analysis Since Sam’s predecessor manager, there were a lot of problems. Starting with the way she deled with Sam. Yelling with the employees was not a good strategy to motivate them. Besides that, just stress them and create a poor environment to work. On the other hand, Sam never made any complaint, verbal or written, about her. We can assume Sam was already stressed when the company started to work with another programming language she...
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