Assessment Tool 2 (AT2): Written/Oral Questions
1. When allocating work, what things should be taken into consideration
When allocating work, you need to ensure that it is goal and target orientated. The manager and employee need to set realistic goals that are achievable and also have time frames attached. It is imperative to ensure that your staff members possess the necessary skills and have undertaken suitable developmental activities to complete the work given. On occasion, the lack of such skills can lead to perceived unfairness. A team member might, for example, feel upset that he or she is not being allocated particular tasks which they feel they can accomplish. However, as a manager, if you feel that the team member lacks
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Employees need to document all communications with the employee whether it is written or verbal. The employee needs a considerable amount of time to improve on their performance before the employer takes further action. The employer should consider section 387 of the fair work act 2009
FAIR WORK ACT 2009 - SECT 387
Criteria for considering harshness etc. In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, FWA must take into account:
a) Whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees); and
b) Whether the person was notified of that reason; and
c) Whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and
d) Any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and
e) If the dismissal related to unsatisfactory performance by the person--whether the person had been warned about that unsatisfactory performance before the dismissal; and
f) The degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
g) the degree to which the absence of dedicated human resource management specialists or expertise in the
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.
Fetzko did not comply satisfactorily with the unit’s and Bureau’s requirements; Table 2. Performance Follow-up Timeline documents several of these instances: it was documented that the employee’s time sheet had discrepancies because once the employee was transferred to this unit, she adopted a different work schedule every day to fulfil personal needs, and required very close monitoring and counseling regarding her work schedule; staff in the Bureau are required to submit weekly activity reports and Ms. Fetzko received several request for a more detailed and representative report; The employee was counseled on six occasions; she also required repeated request for information, which she deliberately ignored, she was questions and limited on her non- position related CEU activities during work hours. Ms. Fetzko did not follow the standards created for the unit’s work and reports; she did not meet the deadlines even though she always had the advantage of setting her own deadlines; therefore, her reports were always delayed and incomplete. She did not show progress, and was non-responsive and
Modules Topic Contracts of employment Anti-discrimination Age discrimination Statutory rights and responsibilities Disability discrimination Working hours, rest breaks and holiday entitlement Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access to personal information Health and safety Contracts of employment Anti-discrimination Procedures and documentation within your organisation Working hours and holiday entitlements Sickness
An employee may be determined to have impaired or jeopardized the proper and efficient operation of the Office of the Sheriff due to his/her carelessness or neglect of their job performance under this provision where he/she acts or fails to act in any manner contrary to acceptable standards of performance.
Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s
an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.
Issue : Mr. David Potter was contracted as the Executive Director of Legal Aid Services Commission in New Brunswick for a seven-year-long term. A little after halfway through the duration of the contract, the two parties did not see to eye and were seeking for an early termination and began negotiations. However, during that period Mr. Potter had taken a sick leave and the Commission promptly replaced him without waiting until the negotiation was over and the chairperson believe that it would be in the best interest of the Commission to terminate Mr. Potter for cause. He was then suspended indefinitely with pay and his position was transferred to someone else. Once Mr. Potter filed an action against the Commission for constructive dismissal his salary and benefits were cut-off assuming that he had taken that action to confirm his resignation from the Board. This case is significantly notable as it set new standards and possible reform
1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the
1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights
This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong.
4. Is it legal for the company to terminate an employee because of something they did away from work?
The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.
4. There’s a possibility a lack of supporting evidences and requirements to grant the benefit associated for each employees.