...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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...(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 employer. * Carrying out of fair-minded investigation was not there. * 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...
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...assignment 1 Question 1 The 3 labour laws I will be discussing for this question are: 1: Everyone has the right to fair labour practices 2: Every worker has the right to * join and form a trade union * to participate in the activities of the trade union * Strike. 3: Every employer has the right to * join an employer’s organization * Participate in the activities and programs of the organization. The right that everyone has to fair labour practices helps by protecting the employee against unfair acts/omission between an employer and employee, involving: Unfair Promotion – for instance not promoting someone who is eligible, or discriminating against certain individuals whilst promoting others. Unfair demotion – for instance demotion (even in the event where the employer has reason to terminate the contract, for instance where the employee has been performing poorly) without consultation with the employee. – Unfair Training – for instance by providing training to some employees and not to others, where there is no justifiable reason or in breach of for example a collective agreement Unfair suspension – for instance by suspending an employee for no reason, Or by suspending him or her without pay or for prolonged periods. Failure to reinstate a former employee where there was an agreement – for instance in a case of retrenchment, where the employer decides to reinstate some of the employees he or she previously dismissed, but not...
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...| * Describe the principles of effective workforce planning and tools used to carry it out. | | | * Develop basic succession and career development plans | | | * Contribute to plans for downsizing an organisation. | | | LO5: Understand how to maximise employee retention. | * Explain the costs associated with dysfunctional employee 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 .............
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...produce a controlled performance between employer and employee as a guidance of their own talent and resources (Torrington, Hall, and Taylor, 2002, p.528). ACAS disciplinary procedure is the one rule that help and encourage all workers to achieve and maintain standards of conduct, attendance and job performance to ensure consistent and fair treatment between employer and employees. Extract from (Disciplinary rules and procedures, 2004, para.60), a good disciplinary procedure should: * Be put in writing and tell employees what mistake they do. * Say to whom they apply and note them orally especially those difficult in langue problem. * All the issue will deal without undue delay and promptly. * All relevant information will be kept as confidential. * Explain to employees what disciplinary action might be taken and let them know about the authority disciplinary action decision will be act by which level of management, so make it clear to prevent unfair dismissal. * Require employees to be informed of the complaints against them and supporting evidence, before meeting * Give employees a chance to state about their cases, show evidence and witnesses, and also the right to be accompainion before any decision reached by management. * Provide that no employees are dismissed...
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...Manage people performance BSBMGT502B Performance management project Task Number 1 Housefriends Homewares. Business description Mission Housefriends is a home furnishings retail franchise that consists of 8 stores nationwide. It specialises in the sale of bathroom fittings and decorative furnishings to retail customers for use in household bathrooms and bedrooms, and can be used by customers undertaking new build work or renovation work. Its stores are located in each capital city and area located in the greater or peripheral city zones. Vision The franchise has recognised the current and expected growth in the economy as a result of rapid population growth will continue for the foreseeable future. It has been determined that this growth will present growth opportunities to its franchise and has therefore established the goal of becoming the major retailer in their sector across the city within 3 years. As part of this growth it will establish new stores in areas expected to see high growth and also in each regional centre Utilising a wider product range and enhancing its customer service Housefriends is confident of fulfilling its growth ambitions Value Housefriends’ confidence in its ability to fulfil these goals comes from its plan to provide customers with a wider selection of merchandise with great customer service. Current operational plan Trading hours: | Housefriends are open 8.30am – 5.3pm Monday to Friday and 9.00am – 3pm on Saturdays. | Range:...
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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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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...have no employees themselves, and are dependent upon using their own skills and labour. (Julie Bevan, Barriers to Business Start Up: A study of the flow into and out of self employment. Department of Employment Research Paper no 71) Determining whether a worker is an employee or not is the first action of any court during a tribunal. This is very important as employers have a large amount of liabilities to their employees, but not to their other workers, for example self employed or sub contractors. Certain laws are dependent on the nature of the employment for example The Working Time Regulations 1998 (2002 IRLR 96) refers in reg. 4(1), to a workers working time, whilst the Maternity and Parental Leave etc regulations 1999 only refers to employees. There are various benefits to workers being employees. An Employee pays far higher national insurance contributions than self employed workers; however this gives employees the rights to state benefits relating to sickness, unemployment and pension rights. Whereas self employed workers are not entitled to any of these benefits. Self-employed workers also have no rights to holiday pay or allowances, therefore anytime they do spend not working directly impacts their finances, unlike an employee who has holiday entitlement., A good example of protection being offered to only employees is the case of Costain Building V& Civil Engineering v Smith – this is where a self-employed contractor was appointed a health and safety officer by...
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...owners. However, it is very hard to know that which employee should be terminated (Nkomo, Fottler, & McAfee, 2011). Here, Stanton has to eliminate one of its employee on the basis of managing dismissal, for instance, un satisfied performance, misconduct, lack of qualifications for the job, and changed requirements (or elimination) of the job, In addition, employer can only fire an employee following certain guidelines such as, termination at will, avoiding wrongful discharge suits, fairness and safeguards, and personal supervisor liability, because if employee feels that he has been embarrassed or treated un fairly financially is more likely to seek retribution in the court. (Dessler, 2013, p. 273-276). Here, the opponent of Stanton has taken away its business because the lack of performance of its employees, consequently, Stanton has to fire one of its employee on the basis of grounds for dismissal. Also, it has to evaluate individual job profile of its five employees and has to emphasis more on work quality and quantity because these are the two significant parts which are taking away the business of Stanton. Approach the Case by Analyzing Job Performance of each Employee Employer should make a decision on the basis of job performance of employee, because this case study contains investigation required to conclude which employee will be terminated...
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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...Ethics and Corporate Responsibility in the Workplace and the World A Case Study of PharmaCARE Institution: Strayer University The stakeholders in this scenario include 1. The company, namely PharmaCARE which has a subsidiary known as CompCARE in Colberia. 2. WellCo which is the company that has purchased CompCARE 3. The employees of CompCARE 4. The indigenous population of Colberia 5. The government and regulatory agencies of Colberia. Analyzing the ethics of PharmaCARE’s treatment of the Colberia’s indigenous population and its rank-and-file workers versus that of its executives. We define business ethics as the principles and values that define acceptable conduct for business institutions. Acceptability of corporate behavior will be determine by workers, customers, competitors, government and regulatory agencies, special interest groups, and the community (Andersen, 2004). Several firms have faced legal suits due to the manner in which they have treated the public, workers, consumers, and the environment during their business activities. For instance, the competition bureau of Canada found Azko Nobel Chemicals BV guilty and they were charged in the federal court of Canada on August 18, 2003. The company had taken part in a conspiracy to fix market prices for a crucial food additive that was an essential ingredient for an important animal feed and a chemical use that was in several commercial and consumer products. The company was fined $2.9 million by the...
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...Optional Unit - 3MER = 6 credits - 2000 words On final submission please enter your total word count (excluding bibliography): [pic] Learning Outcome 1: Understand the impact of employment law at the start of the employment relationship. |Assessment Criteria | |Describe the internal and external factors that impact on the employment relationship. | |Indicative Content | |Context: | |the context within which the employment relationship operates, the impact of internal and external factors. | |Think about your own organisation and consider the internal and external factors that may have an impact on the employment relationship | |Describe at least 2 external factors and explain why they have an impact | |Describe at least 2 internal factors and explain why they have an impact | | ...
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...DanIndia: Case Study Table of Contents 2. Procedure 4 3. Findings 5 3.1 Health and Safety 5 3.1.1 Employers Responsibilities 5 3.1.2 Employees Responsibilities 5 3.2 Working Practices 5 3.2.1 Legislation: Part Time Workers Regulations 2000 6 3.2.2 Legislation: Employment Rights Act 1996 6 3.3 Equality and Diversity 7 3.3.1 Equality Act 2010 7 3.3.2 Internal Working Relations: Race Relations Act 7 3.4 Recruitment and Selection 8 3.4.1 External Working Relations: Sex Discrimination Act 8 4. Conclusions 9 5. Recommendations 10 5.1 Health and Safety 10 5.2 Working Practices 10 5.3 Equality and Diversity 10 5.4 Recruitment and Selection 11 6. References 12 7. Bibliography 13 1. Terms of reference This report has been written by Lisa Milligan referring to the DanIndia Case Study. It is to be submitted to lecturer Anne Marie Clleland on Friday the 16th of January 2016. 2. Procedure The information for this case study had been gathered by the following: • Books • Internet • Interviews • Journals 3. Findings 3.1 Health and Safety DanIndia have had a number of incidents which have highlighted weaknesses in the company’s current Health and Safety procedure. Together, staff and management have decided to receive training regarding Health and Safety legislation. The company believe that this training would prevent carelessness, therefore DanIndia would not unintentionally break the law. There are three sources of Health and Safety Legislation...
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...Areas for Consideration – Personnel Case Study 3 Is there a practice policy for sickness absence? If not written down, what is accepted practice? How well has this been communicated to all staff? How is this reinforced? How are the facts re sickness absence recorded? Is the procedure reasonable, fair and consistently adhered to throughout the practice? Are there systems in place for monitoring all absences? Were the assumptions and suspicions about alcohol investigated – any evidence? Assuming investigations and observations re alcohol were confirmed (ie evidence/observation confirmed by staff member turning up drunk, under the influence of alcohol, smelling strongly of alcohol), should this have constituted instant dismissal there and then? Consider what support/counselling/advice you would give any member of staff with personal problems which led to poor performance. Does the receptionist know that the situation now is clearly about discipline and what that involves? Has she acknowledged (1) understanding of why she has been disciplined and (2) receipt of formal final warning? Was a timescale for improvement implicit in previous warnings? Did the practice consider that there may be a genuine social problem underlying the “alcoholism”? If a health/social problem was identified, should the practice have considered giving guidance on access to counselling/support rather than discipline? Should the practice bite the bullet and accept...
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