BSBHRM529 task 1

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University of Technology Sydney *

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21500

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Management

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May 14, 2024

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Assessment Task 1 1. Briefly explain what an Employment Contract is in 10 to 15 words and list five (5) terms and conditions you will usually find in an employment contract. Answer: An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. A contract can be in writing or verbal. Terms and conditions usually found in an employment contract: who the employer is, the commencement date, the agreed hours of work, where the work will be performed, who the employee reports to, the agreed remuneration and notice of termination. 2. List at least five (5) policies and procedures commonly used to manage the termination/separation process. Answer:  Dismissal  Suspension  Voluntary termination  Retirement  Redundancy 3. Define the term ‘dismissal’ in 10 to 15 words and list at least five (5) common steps covered by the dismissal procedure. Answer: Dismissal is termination of the employee by the employer for misconduct or incapacity to perform the job. The dismissal procedure:  Counselling  due process (at least one opportunity for the employee to give an explanation of their continued incapacity or misconduct)  Negotiation with employee and/or their representative  Warnings (written and verbal). 4. List at least four (4) circumstances when the dismissal of an employee is unlawful.

Answer: 1. They are temporarily away from work with illness or injury. 2. The employee’s race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. 3. They filed a complaint or participated in legal proceedings against the employer. 4. They are volunteering in an emergency management activity and temporarily absent from work for a reasonable period. 5. Define the terms ‘redundancy’ and ‘redeployment’ (in 20 to 40 words each) Answer: Redundancy means: When an organisation decides it has a job which it does not require to be done any more by either the present incumbent or someone else. Redeployment means: Cessation of one contract of employment and its replacement with a new contract for a different position. 6. Briefly describe step-by-step process that must be followed to make an employee redundant (in 80 to 100 words) Answer:  Notifying the employees who may be affected by the proposed changes  Providing the employees with information about these changes and their expected effects  Discussing steps taken to avoid and minimise negative effects on the employees  Considering employees ideas or suggestions about the changes. 7. Define the term ‘voluntary termination’ and explain at least one (1) obligation that employees must fulfil when notifying voluntary termination (in 40 to 60 words) Answer: Voluntary termination is simply termination initiated by the employee. It is often referred to as resignation. In this scenario, the employee would terminate his or her employment on an entirely voluntary basis. This means that there must be no undue influence or duress. 8. Explain what an ‘exit interview’ is in 40 to 60 words and list at least two (2) reasons why organisations conduct them? Answer:

Exit interview is Formal standard interview conducted in accordance with organisational policy, to obtain information from an employee who is leaving their employment, about their employment experiences. The reasons why organisation conduct it: 1. To understand why employee are leaving 2. To improve the work environment and retain future employee 9. Identify five (5) components of an effective exit interview. Answer: 1. Listen to genuine feedback 2. Support an employee’s transition 3. Protect the company reputation 4. Explain the offboarding process 5. Ensure adequate staff training is in place 10. List at least five (5) relevant legislations or standards related to industrial relations and employee dismissal. Answer:  Fair Work Act 2009  Fair Work Regulations 2009  Fair Work Commission Rules 2013  Age Discrimination Act 2004  Australian Human Rights Commission Act 1986 11. a. Briefly describe Anna’s under -performance during the event. (in 60 to 70 words) Answer: Anna Amstrong came to work 10 minutes late on Saturday. During the morning Anna was seen talking with friends and sharing photos on their phones. There were attendees looking at the stand and at the brochures who hadn’t been approached by a staff member for the details. Anna returned from lunch break 10 minutes late. The team at the stand has been busy, and the team members speak in a negative way manner about Anna’s performance. b. Describe the disciplinary procedure you should take on Anna’s underperformance? (in 30 to 40 words) Answer:

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First, we need to conduct counselling with Anna so she’s aware of her poor performance and makes sure of what we are expecting from her as well. Then we can give Anna additional training or support if that is needed, and also give enough time for her to improve before disciplinary procedures and dismissal are considered. c. Assume you have decided to dismiss Anna due to her incapacity to perform or misconduct. What will you need to consider complying with legislative and organisational requirements? Answer:  a copy of one or more written warnings you gave the employee  a copy of the checklist that is in the Code  the ‘statement of termination’ you gave the employee  signed statements from witnesses who support your evidence.

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