IT assignment essay on: Case analysis on Sam’s performance and review
1.Introduction
This is a case which is related to SAM who is an employee of a security company. She is upset because previously she has missed some projects and right now she is working at a project which is not familiar to her. As manager I have been asked to assess SAM’s difficulties and track progress of SAM at workplace. SAM has been facing problem at her work and she has been consulting to Doctor. In a meeting SAM walked off because of her poor health. The medical certificate has been filed with Human resource department when meeting was going to be held with me. It is being decided by me, my supervisor and Human resource department to dismiss SAM from Security Company by sending register mail in his address. Sam took an action by filing a case of unfair dismissal with Australian Industrial Relation Commission. SAM has won case of hearing because there was no evidence related to fair dismissal process of SAM. It was being analyzed that due to poor management and Loopholes in the HR system SAM won case and penalty was also being paid to her.
2. Losing the Case
The Organization lost its case because it was not having any written evidence against SAM. There was no verbal and written warning related to poor performance of SAM. There was no timelines being set by manger to review performance of SAM. The management did not try to understand SAM’s situation regarding his poor health which was affecting her performance although training was being provided to her. The management should not send termination letter because without giving him any office. The management failed to follow the disciplinary process, investigation was not being carried by them, there was no track record of meeting being scheduled with SAM, original medical certificate was not being produced at hearing time, no coaching session was being provided to SAM, managers did not give any comment & review related to SAM’s performance and company failed to produce any of physical evidences which could prove that SAM was not disciplined at their company. Moreover Company had to pay penalty to SAM in terms of harassment & emotional distress being caused by them to her (Security for Industrial and Organizational Psychology 2013).
3. Risks Analysis for Mitigating the Future Related Risks
The risks analysis will help company to prevent several types associated with their workplace. If the management of Security Company would have calculated risks then they could have resolved issues related to disciplinary process and financial risks could have been prevented very easily. In such Situation Human Resource Department of Security company should play an active role for analyzing risks which can be associated with their employees. There should be formulation of proper rules & regulations which will help in developing a healthy employment relationship at workplace. The employees who are being fired without any reason can create multiple problems for their organization in coming future. The future related risks can be inform of loss of business, government intervention at workplace and harassment being caused by the management.
4. Examples of misconduct related to SAM
SAM should have been informed about his heath to manager before walking away from the meeting. She could have informed about the problems being faced at workplace to the managers in a written manner. Before sending a medical certificate to the HR department, she could have informed earlier to her reporting manager which could have resolved the problem which was being faced by her at the workplace. Sam could have talked with her manager and management before approaching to Australian Industrial Relations Commission after receiving the letter of misconduct from Security Company. She could have asked about her feedback from managers by trying to learn new projects. Sam was also unable to meet her deadlines because she was not taking any interest to learn new skills which could have helped in providing transparent feedback related to her performance (John Wiley & Sons 2013).
5. Legislation applied related to SAM’s CASE
According to SAM’s case, legislation which was being applied for internal policies and procedures is Australian Industrial Relations Commission. It helped SAM to prove that he was not involved in any sort of misconduct but due to his poor health he was unable to perform in his job. In such condition security company could have framed proper disciplinary policies for their employees at their workplace. The employment related contract could have been framed by management of security company which could have been resolved the issues internally by asking SAM to fill up. In case of any issues related to health & disciplinary process management can easily terminate employees by formally conducting a meeting. The HR policies which are being framed by Security Company should be internally linked with legislation process in terms of recruitment, selection, training and development, performance management and termination process if employees are found breaking the rules & regulation in terms of maintaining discipline process. This process will help in carrying out proper investigation before the employees are being fired without any reason.
6.Developing issues and Procedures for avoiding such situation
The employees like SAM who faced health related issues should have been provided sick leaves according to the leave policy which would have kept a proper track record in the company. The track record of SAM’s performance could have been managed by the manager which would have helped them and SAM to discuss about the issues being faced at workplace which was hampering the overall performance. There should be polices which are written and approved by government in terms of employment relationship. There should a proper formation of Trade unions or employees committee which can deal with the employees if employees are facing any kind of issues related to their workplace. Management of Security Company should investigate and monitor the activities of employees and discuss with them on face to face basis. If employees are not following written polices approved by Government in such case the employees can be easily terminated by giving them legal notice.
7. Outline documents for developing organization and non supporting employees
The documents which could have been developed for this organization to evidence that it has implemented a process to support non-performing employees explained in this paragraph. The non supporting employees can be engaged in training and development session which will help them to learn new skills and abilities for growing their organization. The non performing employee’s feedback can be written down by the managers before and after training, coaching and counseling process. The non performing Employees such as SAM can be motivated by linking their performance with rewards and recognition process which will help in bridging the gaps related with employee’s performance. If employees are not performing according to training sessions then in such case termination documents can be enforced for them. Therefore there are three main types of documents such as training and development, performance management & termination which will help in developing an organization and non supporting employees.
8. Considering SAM’s case related with Performance Review process
The performance of SAM was inconsistence because of her poor health. The managers did not try to document performance of SAM because of ineffective management system. According to Rob performance review process would help in identifying the misconduct and poor performance in the review process. It can be conducted with proper meeting, documentation and follow up. If employees are found superior performer in such case they can be promoted and if they are found poor performer then they can be monitored, counsel or terminated from their respective jobs. Moreover if employees are not disciplined their performance gets hampered very easily so in such situation investigation should be carried out to find actual problem. The entire performance review process can be documented with appropriate planning, implementation, assessment, evaluation and review process.
9. Considering SAM’s case related with Performance Review process
SAM was unable to perform at his job because of his poor health. There was no track record of SAM’s performance because managers did not took any initiatives for documenting activities related to the meeting were being conducted. The managers could have framed proper written policies and explained to all their employees at Security Company. The HR department should inform managers about employee’s related information to their reporting managers. Before sending any legal notice to the employees mangers should plan out investigation for resolving issues in a proper manner. The employee’s related committees could have supported management and SAM effectively. The training and development, performance management, employee related policies and termination process with legal notice could have been used as the main documents in each stage.
10.Conclusion
Thus it can be concluded that SAM won case because Security Company had loopholes in their internal HR policies and documentation process. The management did not try to investigate the actual problem and a legal notice was being sent to her. The entire activities and process which can help Security Company to overcome such issues are explained in this report on detail basis.
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