Assessment 3
Case Study – BSBMGT502B
This is Assessment 3 for this Unit
In this Webinar we will cover:
The situation that happened leading up to the dismissal of Sam
The unfair dismissal claim
Discussion on the judgement
What could have been done to avoid the situation
What should be done in the future to avoid such a situation Summary
Sam (Samantha) is a programmer.
She has missed deadlines.
She is not familiar with the new programming language.
As Sam’s manager you have been managing her more
effectively.
In a meeting with Sam to discuss her not meeting her latest deadline she:
Physically struck you,
walked out of the office, and
has not returned.
Summary (continued)
Sam contacted her Doctor after the
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Assessment (continued)
In your report:
Critically analyse the case and develop a discussion paper (report) as to why the organisation lost the case.
Your analysis should include a risk analysis of the case and strategies to mitigate future risks should similar situations arise
Using examples from Sam’s case, describe the conditions under which misconduct and serious misconduct may be deemed to exist List any legislation that applies and any internal policies and procedures that may have applied in situations similar to Sam’s case Discussion
Examples of risks identified:
Lack of, or no disciplinary or termination process followed
Solution: access to relevant policies and procedures
No meeting notes recorded or discussions
Solution: access to relevant policies and procedures
No records of verbal warnings placed on HR information
system
Solution: documenting meetings, coaching sessions, verbal
and written warnings with the Human Resources department Discussion
Examples of risks identified (continued):
No development or training plans put in place
Solution: providing documentation of training plans
No consultation from Human Resources personnel or
senior managers
Solution: knowledge of when to involve Human Resources
1.3 Analyse how serious case reviews and inquiries have contributed to the establishment of policies and procedures within recruitment which safeguard vulnerable adults, children and young people.
Assignment composition Assignment overview In this assessment you will explore aspects of employment law, your role and responsibilities in respect of employment practices and present an issue of public concern that has occurred within either the health, social care or childrens and young peoples sector. Additionally, you will create a career plan which reflects on your continuing professional development and related learning and possible future qualification opportunities. Tasks There are four tasks to this assignment. A
Assignment overview In this assessment you will explore aspects of employment law, your role and responsibilities in respect of employment practices and present an issue of public concern that has occurred within either the health, social care or children’s and young people’s sector. Additionally, you will create a career plan which reflects on your continuing professional development and related learning and possible future qualification opportunities.
Agreed upon by the management of the hospital, situations like this were to be dealt with using the concept of progressive discipline, which is similar to having 3 strikes. It would be a method to ensure that Ennis, as well as a union representative, are aware of the disciplinary action that could ensue if Ennis continued his poor performance. It was agreed that verbal counseling would be the first step prior to any other disciplinary actions. If the employee does not improve their performance, the normal progression of discipline will be followed through (Hebdon & Brown, 2008). Ennis’ actions lead management through the entire progression of discipline, and by the end, after the second written warning, gave them no other choice but to discharge him from his position. This is a major factor in why management have ‘just cause’ for terminating Bradley Ennis from his position here at All Saint’s Hospital, because both the union and the hospital agreed upon these terms. Management feels that Mr. Ennis does not show any reason to be an exception to these terms. Management feels that they did not treat Ennis with unfair or unjust discipline, and due to his action we feel the final step of termination was the only option.
The applicant, Sarah Jayne Louise Poppy, was under the employment of the respondent, Service to Youth Council Incorporated (or SYC). After announcing her pregnancy to SYC in August 2009 and entering maternity leave, the applicant’s employment was terminated. In the court hearing, the applicant claimed that the respondent and several of its senior officers intentionally ‘targeted’ her because of her pregnancy. Her rights to take maternity leave and appeal for work adjustments would reduce her working capabilities. And thus, the applicant alleges, SYC chose to dismiss or otherwise treat her with less
This assignment will critique the phenomenon of suspension within the NHS and explore the inequalities in how the Department of Health (DOH) manage this process. This will focus upon the differences between how medics (doctors and dentists) and nurses are managed within the NHS. The number of those affected by the process of suspension will be highlighted and there will be a discussion of the policies and procedures available to these professionals working within the NHS. A brief description of why suspension occurs will be offered and the experience of those affected by the process of suspension will be examined which will look at stress; in particular within nursing, bullying and harassment and look at how whistleblowers are treated.
The employer claimed that there was no discriminatory decision in replacing the employee on maternity leave. He stated that the employees statutory maternity leave began on September 8th, and ended on March 8th. In early march, the employer tried to make contact but did not receive a response, then in April, the employee on maternity leave made contact with her employer, requesting a letter stating that her maternity leave was extended to May 21st. The employer responded informing her that another person had filled her position. The Equality Officer in this case determined that the employee did have a prima facie case of discrimination. The Officer noted that there was not a resignation by the Employee and pushed for the fact that there was
Additionally, this affirms that the current law on unfair dismissals lets the employer make his own informed decision and allows flexibility on their reasons for dismissal, as where medical reports may help, it is not actually
The case shown to the court, shows Mr Blyth’s dismissal was not unfair as he did not follow the Safety policies of JBS Australia. The Fair work Commission have many aspects of law to consider before deciding if the dismissal was unfair. The case was brought to the commission within the 21 day period. The Fair Work Act 2009 shows that this case was not a harsh dismissal due to the fact that they followed all the points in s.387. There was a valid reason for dismissal, Mr Blyth was notified of the safety, there was an opportunity to respond, there was no unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussion related to dismissal, Mr Blyth did not relate the dismissal to unsatisfactory
Miller had an outburst in the office on March 21, during which she expressed the feeling that she was being persecuted and victimized in her work environment. Shortly after the incident, Miller was approached by the government minister (Verna St Rose-Greaves) who spoke briefly with her,” the letter continue to stated. “Some time after that things, took a turn for the worse”. “Medical personnel arrived at the office and ‘forcibly’ removed Miss Miller from her work station after a ‘brief interview’”. “During this interview and removal, Miss Miller displayed no violent or psychotic behaviour but only asked repeatedly why she was being treated this
Dismissing Smith based solely on a poor attitude without providing evidence that she is hurting departmental job performance or other employees could end the company up in court facing a wrongful discharge suit. It is the manager’s responsibility to interpret and enforce a disciplinary process or policy in a fair and consistent manner. Trent needs to start by determining a plan of action, one that balances the business necessities against worker rights and documenting complaints about lack of professionalism, cooperation, and teamwork. Disciplining can be a gray area without clarifying the rules and pre-determining the viable consequences for violations that are reasonable and defendable.
These concerns were voiced months and years prior to the recommendation to terminate her employment. The University reserves the right to hire and terminate individuals based on the needs and interests of the institution. Further, the University neither participates in nor condones retaliation against employees, students, or other
Ms. Bosse’s response was correct, and somewhat reasonable to a certain extent, but could have been handled in a better manner. Disciplinary action was necessary as the behavior must be corrected, however; more opportunities and information should have been given to Mr. Angree in the initial verbal discussions. First, Ms. Bosse should have sent Mr. Angree to a workman’s compensation approved medical facility to be assessed and treated. This will alleviate some of the issues as medical treatment will be well documented. Ms. Bosse should have followed up more frequently with Mr. Angree to verify that he was receiving appropriate medical care for the work related injury and to ensure this would not be causing issues with his productivity and attitude and to make sure he is taking care of himself. If Mr. Angree is not participating in the improvement of his work and behavior by taking care of his medical needs, this would provide more evidence in case dismissal becomes necessary. Mr. Angree should have been disciplined for his failure to follow policy when he moved a person
In short, this is a hospital that is experiencing problems so big that they can be seen by patients. These situations have motivated the dismissal of a importante employee for disagreeing with the possibility of placing the health of patients at risk.
Although Mr Davidson was aware of Mr Ang’s performance/actions he failed to consult with him regarding the extended hours he was working and stresses he was trying to manage. Mr Ang should have also tried