186248_Assessment_Task_2_753180467 (2)

Disciplinary process – Case study

Submit this document with any required evidence attached. See specifications below for details.

Performance objective

For this assessment you must demonstrate knowledge and understanding of the process required to terminate a difficult employee.

Assessment description

After reading the provided case study that relates to the discipline and termination of an employee, you are required to develop a clear argument to support the decision of Fair Work Australia, conduct a risk analysis and consider relevant policies and procedures, legislation and performance management issues to support your argument.

You are required to produce a written report for your manager as to why your organisation lost the case.

Procedure

Read and analyse the Case Study – Sam’s Termination (Appendix).

Prepare a report that outlines and discusses:

the reasons the organisation lost its unfair dismissal case with Fair Work Australia

what the organisation should have been doing for it to have successfully defended its position against Sam’s claim of unfair dismissal.

what would have been the correct way to terminate Sam in accordance with legal and organisational requirements.

You should incorporate the following into your report.

A risk analysis of the case and strategies to mitigate future risks should similar situations arise.

Using examples from the case study, describe the conditions under which misconduct and serious misconduct may be deemed to exist.

List any legislation that applies to the situation presented in the case study.

Develop policies and procedures that an organisation would need to implement to avoid a similar situation occurring and to ensure that disciplinary hearings and terminations are considered to be fair and reasonable. This should be based on relevant legislation.

Outline what documents would need to be developed for the organisation to evidence that it has implemented a process to support non-performing employees.

Using the case study as an example, describe how all steps of the performance review process and disciplinary hearing process (given to you by Rob) should have been performed as per legal requirements and the organisational policies you have developed, including:

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Using the case study as an example, describe how all steps of the performance review process and disciplinary hearing process (given to you by Rob) should have been performed as per legal requirements and the organisational policies you have developed, including:

what should have been done at each stage

when and where assistance from HR specialists would have been appropriate

what support services could have been deployed in Sam’s case

what documentation would have been appropriate at each stage.

Specifications

You must provide:

a written report that outlines and discusses:

the reasons the organisation lost its unfair dismissal case with Fair Work Australia

what the organisation should have been doing for it to have successfully defended its position against Sam’s claim of unfair dismissal

what would have been the correct way to terminate Sam in accordance with legal and organisational requirements.

Your assessor will be looking for:

a risk analysis of the case and strategies to mitigate future risks should similar situations arise

description of the conditions under which misconduct and serious misconduct may be deemed to exist in the case study

a list of any legislation that applies to the situation presented in the case study

development of policies and procedures that an organisation would need to implement to avoid a similar situation occurring and to ensure that disciplinary hearings and terminations are considered to be fair and reasonable, based on relevant legislation

an outline of which documents would need to be developed for the organisation to evidence that it has implemented a process to support non-performing employees

description of how all steps of the performance review process and disciplinary hearing process should have been performed as per legal requirements and the organisational policies you have developed, including:

what should have been done at each stage

when and where assistance from HR specialists would have been appropriate

what support services could have been deployed in Sam’s case

what documentation would have been appropriate at each stage.

Appendix: Case study – Sam’s termination

You have recently become a Team Manager at a small security company. Sam is a programmer in your team. She has recently missed a couple of deadlines on a project. Sam has been pretty upset about this. She is a diligent worker; however, the organisation has started working on a new programming language and Sam is not familiar with it.

You are aware of your predecessor’s methods for dealing with her. She would come out and yell at Sam and then go back to her office. Sam’s employee file that shows that there have been no verbal or written warnings recorded against her.

As Sam’s new manager you have been managing her more effectively. You have been spending time to try and understand her issues and have reallocated resources…

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