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BSBMGT502B
Manage people performance
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Assessment Task
4
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Disciplinary
Process – Case Study
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Table of Contents
1.
Summary of
case study:
Sam is
a programmer at a small security company. She has recently missed a couple of
deadlines on a project.
You have been spending
time to try and understand Sam’s issues and have reallocated resources in order
to give Sam some extra time until she is confident and competent in using the
new programming language.
However in a meeting about
her inability to meet her latest deadline, Sam physically struck you and walked
out of the office. Sam contacted her doctor after the meeting and was given a
medical certificate claiming stress as the reason for her absence and given 7
days leave. Three days after your meeting with Sam you advised your supervisor
that she had struck you and has since reported in ill; this advice being
received from the Human Resources department. A meeting between you, your
supervisor and the
Human Resources department
is convened and a decision is made to dismiss Sam on the basis of serious misconduct.
A letter was sent by registered mail to Sam’s personal mail address.
Reason to lose the case:
ü The employer failed to follow a formal disciplinary process
ü 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.
ü Sam produced a verified copy of her medical certificate in the
hearing along with email evidence from the Human Resources department
confirming that the medical certificate had been received by the organization
and entered into its files.
ü No documented evidence of any meetings, coaching sessions had been
kept by the employer.
ü There were no copies of signed agreements reviewing Sam’s progress
(performance reviews and development plans) submitted by the employer.
ü No written documents outlining timelines were given for monitoring
or reviewing Sam’s progress were submitted by the employer.
ü Sam was not formally stood down while an investigation was carried
out.
ü There was no physical evidence to support the serious misconduct
claim that the manager has been struck as no witnesses were called to verify
whether an attack had taken place.
ü There was no evidence to support the claim of misconduct by
Sam. The manager had not documented any
written warnings in Sam’s file. The only
agreements that had been reached between Sam and the manager were verbal.
Result of case:
Sam was awarded costs of approximately $5000 for lost salary and
wages and a further $5,000 for emotional distress.
Strategies to avoid this problem in
future:
The employer failed to follow a formal disciplinary process
ü There were records of any notes provided by the employer to back the
claims that there had been meetings and reviews.
ü Sam produced a verified copy of her medical certificate in the
hearing along with email evidence from the Human Resources department
confirming that the medical certificate had been received by the organization
and entered into its files.
ü Documented evidence of any meetings, coaching sessions had been kept
by the employer.
ü There were copies of signed agreements reviewing Sam’s progress
(performance reviews and development plans) submitted by the employer.
ü Written documents outlining timelines were given for monitoring or
reviewing Sam’s progress were submitted by the employer.
ü There was physical evidence to support the serious misconduct claim
that the manager has been struck as no witnesses were called to verify whether
an attack had taken place.
ü There was evidence to support the claim of misconduct by Sam. The manager had not documented any written
warnings in Sam’s file. The only
agreements that had been reached between Sam and the manager were verbal.
2.
Develop policies and
procedures:
ü The employer to follow a formal disciplinary process.
ü There was impartial investigation carried out.
ü Documented evidence of any meetings, coaching sessions had been kept
by the employer.
ü Performance management review or development plans were presented by
the employer.
ü Written documents outlining timelines were given for monitoring or reviewing
Sam’s progress were submitted by the employer.
ü Formal disciplinary hearings had taken place prior to Sam’s
dismissal.
ü Sam was formally stood down while an investigation was carried out.
3.
Relevant workplace documents
Sam is a programmer at a small security
company. She has recently missed a couple of deadlines on a project.sam
have been spending time to
try and understand Sam’s issues and have reallocated resources in order to give
Sam some extra time until she is confident and competent in using the new
programming language.
There are a number of documents that outline the tasks and
responsibilities of the employees’ jobs and measurement they are expected to
reach. workplace documents are:
ü Code of conduct
ü Policies and procedures
ü Industrial awards or workplace agreements
ü Workplace induction information
ü Performance management plan
Relevant Awards and legislation
ü Workplace Relation Act (1996)
ü Workplace Health and Safety Act (1995)
ü Awards/Enterprise Bargaining Agreements/Union Collective Agreements
4.
Disciplinary process
Misconduct:
Misconduct is a situation where an employee fails to follow a
workplace rule. Misconduct includes like tardiness, absenteeism and
insubordination to managers.
Serious misconduct:
Serious misconduct refers to things like
ü Sexual harassment
ü Bullying
ü Offensive behavior
ü Breaking the law
Standing down:
The Workplace Relations Act 1996 gives employers the right to stand
down an employee without pay in certain circumstances.
The disciplinary meeting:
Enlist the help of your human resources team of senior managers to
assist you in the appraisal.
Outcomes:
Agreed steps to improve
5.
Documents would have to be developed for the
organization to evidence that it has
implemented a process to support non-performing
employee.
ü Job description
ü Performance review notes
ü Notes from coaching plan
Finally we can say Sam’s company should
have followed the above policies and procedures to avoid future problem of
unfair dismissals.
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