...2.5 A psychological contract is an unwritten agreement between employer and employee where both parties have an unwritten understanding to ensure balance in mutual expectations of each other and encourage discretionary efforts. “The beliefs individuals hold regarding the terms and conditions of the exchange agreement between themselves and their organizations”. Rousseau (1989).The psychological contract reduces insecurity in the employment relationships as all aspects are not covered in a formal written contract. A psychological contract is based on employees trust and belief that employee will honor the ”deal” between them and this may encourage an employee to put in extra efforts and time without being asked to do so or an employer to...
Words: 1188 - Pages: 5
...Dismissal Meeting Strategic Human Resource Management HRM500 Dr. Young Brittney Ross May 18,2014 Dismissal meetings are always difficult but most be done to benefit the company and the remaining employees. There are plenty of reasons that a company would have to layoff, it is my job to choose the employees that may not be the best fit for the company. How I view the dismissal procedure or layoffs involves making sure that the reason for dismissal is valid, I would create a written statement or documentation for the reason of dismissal, giving the employee appropriate notice of dismissal, and notifying important agencies if necessary (Kelin,2008). Dismissal usually occur for misconduct or poor performance previous steps would be required such as write up and verbal warnings, as well as the additional steps of investigation and providing and allowing proper documentation. It is important to follow policy and procedure to the T, to avoid potential injustice against the employee and to reduce the possibility of lawsuits in the future. Dismissals and layoffs is a difficult time for employees and the company. I would need to help mangers figure out ways to cope with negative emotions that accompany layoff could have. I would propose three ways that a manager can cope with any negative emotions that may accompany an employee layoff. That would be communicate, Demonstrate continuing long-term interest in the careers of the survivors and last but not least Proactively address the...
Words: 1681 - Pages: 7
...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...
Words: 3394 - Pages: 14
...how to recruit employees 8 2.1 Analyse the reason for human resources planning in organisations 8 2.2 Outline the stages involved in planning human resource requirements 9 2.3 Compare the recruitment and selection process in two organisations 9 2.4 Evaluate the effectiveness of the recruitment and selection techniques in two organisations 11 Task 3 Understand how to reward employees in order to motivate and retain them 12 3.1 Assess the link between motivational theory and reward 12 3.2 Evaluate the process of job evaluation and other factors determining pay 13 3.3 Assess the effectiveness of reward systems in different contexts 14 3.4 Examine the methods organisations use to monitor employee performance 15 Task 4 16 Know the mechanism for the cessation of the employment 16 4.1 Identify the reasons for cessation of employment with an organisation 16 4.2 Described the employment exit procedures used by Tesco and Sainsbury’s 16 4.3 Consider the impact of the legal and regulatory framework on employment cessation arrangements 18 References 18 TASK 1....
Words: 5074 - Pages: 21
...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 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....
Words: 1918 - Pages: 8
...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 others. Prejudice (occupational detriment) suffered because of protected disclosure – the wrongful prejudice of an employee due to the fact that he or she provided information which qualifies as a protected disclosure in terms of the Protected Disclosures Act 24...
Words: 2371 - Pages: 10
...Dear Siphokazi I write regarding your request for advice on your recent dismissal from the financial firm you’ve worked for the past 6 years. Dismissal is the employer’s termination a contract of employment and whilst dismissals are not uncommon practice in organisations, circumstances where one feels injustices have occurred, have grounds for an appeal through external systems (Bendix, Sonia, 2010). Most dismissal appeal cases aim to result in reinstatement, but seeing as you have interests in receiving compensation, and having the injustices of your dismissal corrected, below I shall outline steps you can take to achieve this through the CCMA or Labour Court. The two options I explains have differing weightings on their likelihood to produce justice (ie. Probable ruling in your favour) and their degree of compensation. I shall end off by advising you based on these weightings. To start the appeal process for any of the options I will suggest, you will need to send a written referral to the Commission for Conciliation, Mediation and Arbitration (CCMA), seeing as financial institutions do not have a bargaining council of their own (Bendix, Sonia, 2010. This should be done within the 30 days from the date you were informed or given notice of dismissal, which in your case is probably when you received the outcome of your disciplinary hearing. You can find the prescribed form for referrals through this link, which once completed, should be copied for delivery to your employer...
Words: 1497 - Pages: 6
...(Edward, 2000:319).The statutory legislation to perform a rules for employees to maintain the order of the at their workplace, so the employee is bounded to obey the discipline imposed at his workplace, thus being created a specific subordination between the employer and his employees (Vieriu,2009). Every company must establish a discipline procedure because it can 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...
Words: 2573 - Pages: 11
...of Contents 1.0 INTRODUCTION1 2.0 BUSINESS PROCESSES AUTOMATION4 2.1 Employer Branding 5 2.2 Training and Development6 2.3 Hiring Employees7 2.4 Evaluating Employee Job Performance7 2.5 Enrolling Employee in Benefit Plans7 2.6 Termination, Resignation and Performance Related Dismissal7 2.7 Reward and Recognition7 2.8 Payroll7 3.0 BUSINESS INTELLIGENCE4 3.1 The Distribution of Salary Between Positions5 3.2 Distributions of Gender in the Workplace by Rank6 3.3 The Average Length of Service of Current Employees7 3.4 The Educational Background of Employees7 3.5 Number of Co-op Students Who Continue With the Company7 3.6 Attendance Rate of Training Seminars7 3.7 Nationality of Current Employees7 3.8 Average Time it Takes for Employees to Obtain a Raise, Percentage Raise Increase7 1.0 introduction Human resources management is the most important aspect when it comes to attracting, training and retaining talent. Smart consulting is currently experiencing high staff turnover rate due to poor human resources management techniques. It is suggested to utilize information system management is to better direct human resources. This report seeks to address what human resources processes can be automated and which roles need to be manually carried out. Furthermore, it seeks to list all business intelligence data that can be obtained from the employees due to the implementation of information systems management processes. This information can be used to assess the...
Words: 1901 - Pages: 8
...AN EMPLOYMENT CONTRACT 4 DISMISSAL 5 UNFAIR DISMISSAL 6 ELIGIBILITY TO CLAIM UNFAIR DISMISSAL 7 WAS A FAIR PROCEDURE FOLLWED? 8 DISABILITY DISCRIMINATION 8 REMEDIES 9 UNFAIR DISMISSAL CLAIM 9 DISABILITY DISCRIMINATION 9 CONCLUSION 10 RECOMMENDATIONS 10 BIBLIOGRAPHY 11 TERMS OF REFERENCE I work as legal advisor for a national toy chain, Playtime. I am going to produce a report examining common law and statutory issues raised by a former employee who may pursue a case for constructive dismissal. I hope to advise Playtime of any action Miss Parry may take in light of her departure from the company and will give recommendations and remedies which may apply to this scenario. FINDINGS CONTRACTS OF EMPLOYMENT An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract. (DirectGov, Online, Accessed 18/12/2010) Employment contracts do not have to be in writing, they can be word of mouth. However, every employee is entitled to a written statement containing employment terms and conditions within 2 months of starting work. The statement must contain a number of relevant details such as Hours, Rates of pay, holidays etc, and must comply with Section 1 of the Employment Rights Act 1996. The contract itself is made as soon as a job offer is accepted, and both the employee and employer are bound to...
Words: 2219 - Pages: 9
...discuses about personnel management, human resource management and differences between those two things. HRM department has to do lot of function and when practicing them HRM department take lot of responsibilities. Those responsibilities can identify under main five roles. HRM department can‟t take decision as they like way because legal and regulation framework impact with them. Therefore this report attends about them. Human resource planning very helpful to manages employees because it based on various reasons. Recruit and selection process help to fire best person for the vacant position but this report discuses various effectiveness about it with KFC and P&G. Assume that company fired new employee, after then the company must monitor his or her performances. Not only for new employee. HRM department should examine performance level every employees and should motivation them. Report proposes Maslow‟s theory to motivate employees. That one has...
Words: 5534 - Pages: 23
...disciplinary proceedings is applied progressively and the standard of procedure does not infringe on the employee or employer’s right to fair, lawful approach and rules are reasonable. It has appeared to be reasonable when dealing with both organisation formal and informal disciplinary proceedings ,clearly distinguish serious from lesser offences which are in line with the code of good practise as well as imposed penalties including the sanctions for FAIS registered employees and the consistency in the application, Having regard to the circumstances of the case, the Group reserves the right to impose a lesser or harsher sanction at its discretion However it lacks providing awareness especially the lower levels employees who has a culture of waiting for the management to inform and/or direct such employees to important work related information as the group awareness policy practise is for all employees to read through the disciplinary policy in their personal time but required to log onto the internal system ESS Employee porta for the acknowledgement of the policy for audit purposes .This practise excludes the importance of employees ‘s understanding of the contents which may impose a risk for the organi Disciplinary action will be considered in all cases where management becomes aware of an act of misconduct. Where the eventual outcome could be a final written warning or dismissal, the nature of the offence and the effect on the organisation is considered when deciding on the appropriate...
Words: 1451 - Pages: 6
...Over the last decade, Australian courts have vigorously debated over the existence, formulation, and consequences of the implied term of mutual trust and confidence, in the context of employment contracts. The decision in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (‘Barker’) has granted some clarification in this area, with the majority confirming that a term of mutual trust and confidence can be implied into all contracts of employment, unless the term would be inconsistent with the express terms of the contract. The decision has created implications for employers who must review the terms of their employment contracts and reconsider their pre-termination processes, and doubt relating to the scope and operation of the term. Facts: Mr Barker was employed as an executive manager at Commonwealth Bank of Australia (CBA); he had a considerable period of service with the bank. In 2009, the CBA undertook a nationwide restructure of its corporate financial services unit, causing Mr Barker’s position made redundant. Its redeployment policy was to reallocate employees to a suitable position where possible, however the banks HR manual provided that the policy did not ‘form any part of an employee’s contract of employment’. Mr Barker was informed that his position had become redundant and he was told that his employment would be dismissed in one month if another position was not found within CBA. On his notification of redundancy, Mr Barker was told to clear his desk...
Words: 4277 - Pages: 18
...Descriptions 16 7.4 Probationary Period Reviews 17 7.5 Performance Appraisals 18 7.6 Professional & Personal Development 19 7.7 Superannuation 20 8. LEAVE POLICY: 21 8.1 Annual Leave 21 8.2 Personal Leave 21 8.3 Compassionate/Bereavement Leave 22 8.4 Long Service Leave 22 8.5 Maternity Leave 22 8.6 Paternity Leave 23 8.7 Adoption Leave 24 8.8 Study Leave 24 8.9 Time in Lieu 25 8.10 Leave Without Pay 25 8.11 Blood Donor Leave 25 8.12 Jury Duty 25 8.13 Emergency Services Leave 26 9. TRAVEL & ACCOMMODATION 27 9.1 Air Travel 27 9.2 Accommodation 28 9.3 Travel Other Than By Air 28 9.4 Motor Vehicle Rental 28 9.5 Taxi Fares 29 9.6 Parking Charges 29 9.7 Work Events 29 10. EMPLOYEE RELATIONS 30 10.1 Discipline 30 10.2 Disciplinary Appeal 33 10.3 Grievance 33 11. POST TRAUMA COUNSELLING 35 12. INTELLECTUAL PROPERTY AND SECURITY 37 13. CONFLICT OF INTEREST 38 14. PRIVACY 39 Insert some information on your company including: ▌ history: when did your business start and how has it changed over time ▌ market: what is your competition like? ▌ general employment philosophy: what type of employment do you offer (contracting, full-time, part-time...
Words: 10842 - Pages: 44
...[pic] RDI/EDEXCEL Level 5 BTEC Higher Nationals Human Resource Management (HRM) Assignment [pic] Date for Submission: 30th May 2011 Prepared by: Levenia I. Ferguson Contents Title Page Introduction Task 1 Human Resource Management Approach 1a Distinguish between ‘Personnel Management’ And ‘Human Resource Management Approaches Outline the advantages and disadvantages of each approach 1b Identify which of the Approaches (HRM or Personnel Management) your chosen organization currently adopts Discuss how the chosen organizations approach to managing people over the recent years Task 2 Recruitment and Selection 2a Outline the HR planning process undertaken by your chosen organization Discuss how this compares to the ‘theory’ of HR planning as identified in the HR Planning lesson of the RDI study materials 2b Compare and contrast the recruitment and selection of two organizations operating in different industries – one organization should be your chosen organization as identified in Q1 plus another organization of your choice Task 3 Monitoring and Rewarding Employees 3a Explain how your chosen organization measures the performance of...
Words: 4884 - Pages: 20