BSBMGT502 Management of People

Question 1

Assessment description
You are required to work to develop a performance management policies and procedures for one of the companies listed below. You will also need to include relevant deadlines for each stage of the review.
Please select one of the following companies:

1. KFC
2. IBM
3. Sub-way
4. Coles
5. ANZ Bank
6. Qantas Airline
7. BHP
8. CIBT

The performance management policy must include:

• Job specification
• Resources requirement
• Time management
• Policy introduction
• Performance Management System
• Performance review objectives
• performance review roles and responsibilities
• Supervision and training
• Performance review guidelines
• Application of awards
• Salary reviews
• Resources
• Relevant organisational documents/legislation/templates
• Review dates.

The procedures must include:

• Performance Review (Appraisal) Procedure
• Coaching Procedure
• Disciplinary Procedure
• Grievance Procedure

Submit completed below document with any other evidence attached.

Question 2

Case Study
Sam is a programmer at a small security company. She has recently missed couple of deadlines on a project. Sam has been pretty upset about this. She is a diligent worker, however the organisation has started working with a programming language and Sam is not familiar with it. You are Sam’s manager and are familiar with your previous methods with dealing with her. She would come out and yell at you and then go back to her office. Sam’s staff file shows that there are no verbal or written warnings recorded against her. As Sam’s manager you have been managing Sam more effectively. 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. You have not specified any timelines for a performance review to discuss progress in meeting the required standard of performance or taken notes. You have also offered extra training other. However, in a meeting about her inability to meet her latest deadline, Sam physically struck you and walked out of the office. She has not returned since. 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. This was sent to and received by the organisation on the day following your meeting with Sam. Sam called and verified with the Human Resources department that the certificate had been filed within the organisation’s systems. Three days after your meeting with Sam you advised your supervisor that she had struck you during the meeting. A meeting between you, your supervisor and the Human Resources department is organised 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. Two days later Sam filed an unfair dismissal claim with the Australian Industrial Relations Commission (AIRC). The organisation received a letter from the AIRC to attend a hearing. Sam wins the hearing as there was no evidence provided by the company to support its case of dismissal on the grounds of misconduct or serious misconduct.
The hearing went in Sam’s favour for the following reasons:

• The employer failed to follow a formal disciplinary process.
• There was no impartial investigation carried out.
• 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.
• 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 organisation and entered into its files.
• No documented evidence of any meetings, coaching sessions had been kept by the employer.
• No performance management review or development plans were presented by the employer.
• There were no copies of signed agreements reviewing Sam’s progress (performance reviews and development plans) submitted by the employer.
• No written documents outlining timelines were given for monitoring or reviewing Sam’s progress were submitted by the employer.
• No formal disciplinary hearings had taken place prior to Sam’s dismissal.
• Sam was not formally stood down while an investigation was carried out.
• 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.
• There were no Senior Managers or representatives from Human Resource department present in any of the meeting where Sam was being warned of poor performance.
• 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. Sam was awarded costs of approximately $5,000 for lost salary and wages and further $5,000 for emotional distress. After the decision was handed down, Rob the Senior Human Resources Manager approaches you to discuss the reasons behind the decision going in favour of Sam. Rob wants a written report on his desk by the end of the week giving the background and reasons why the decision went in Sam’s favour against the organisation.

As part of your brief from Rob, he would like to see a completed risk assessment identifying areas that the organisation needs to address and implement in order to prevent this type of situation occurring again. The information in the report will guide whether the organisation will pursue an appeal. Based on the findings of your report, Rob decides not to proceed with an appeal but to develop and implement a new Performance Management System. Rob recommends that the organisation follows the two processes as outlined below to handle:

1. a) Performance Reviews for all staff

Procedure:

Repare a one page report that outlines the reasons as to why the organisation lost its case and also what it ought to have been doing for it to have successfully defended its position against Sam’s claim of unfair dismissal.
Your report should include:

• Explanation as to why the organisation lost the case.
• A risk analysis of the case and strategies to mitigate future risks should similar situations arise
• Describe the conditions under which misconduct and serious misconduct may be deemed to exist within Sam’s case
• List any legislation that applies and any internal policies and procedures that may have applied in situations similar to Sam’s case
• 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
• List which documents would have to be developed for the organisation to evidence that it has implemented a process to support non-performing employees?

 
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