Employment Relations, Code of Good Practice on Dismissal - Assignment Example

Employee Relations Course: Essay Title: Student Name and ID: Tutor’s name: Employee relationship is very critical to the operation of the organisation. In case of misconduct the employer should follow set procedure and in case of absenteeism the management need to have a well laid procedures and guidelines as analysed below. Question 1 Code of good practice on Dismissal Employee dismissal is considered biased if it is taken or put into effect for a reasonable reason and in agreement with a reasonable practice, even though it conforms to any notification time in a legislation occupation or in a contract of occupation. An employee dismissal as a penalty is determined by the appropriateness and the facts of the case, whether it is fair or not (Phillips & Connell, 2003). The procedure of dismissal whether it is fair or not it is taken into consideration by the reference to the strategies established. There are three bases on which the dissolution of employment is considered genuine. These bases comprise the capacity of the worker, the conduct of the operative and the operative necessities of the establishment’s business. The code also states that an employee discharge is spontaneously biased, if the dismissal motive infringe on the fundamental rights of the employees and those of the trade unions, acts of discrimination, intended or actual pregnancy and the participation in a lawful strike. In situation where the discharge is not spontaneously biased, the manager must be in a position to show that, the dismissal reason is associated with the worker’s demeanour or the capability, or it is grounded on the operational necessities of the industry. The eventual failure by the employer to substantially demonstrate that, the employee discharge was taken into consideration in accordance with the agreement through the reasonable process then the employee discharge is deemed biased (Luecke & Hall, 2006). All employees are required to put in place disciplinary rules, which set the code of behaviour expected of their workers. Code of behaviour content and the form of punitive guidelines will certainly differ in accordance to the nature and the size of the employer’s business. The manager’s instructions should produce confidence and reliability in the general submission of correction. Therefore, these call for the code of behaviour to be made clear and available to the employees in such a manner that it is easier to understand (Houldsworth & Jirasinghe, 2006). Whenever the employee’s goes contrary to the set rules or standards, the employer should make effort to deal with the conduct through a structure of developed counteractive procedures such as advising or psychotherapy and cautions. The prescribed measures don’t need to be applied whenever the standard is not met or the rule is broken. The most effective way to deal with minor misconduct at the place of work is to correct the employee’s and offer informal advice. Frequent or constant misbehaviour will license cautions that shall be classified in regards to the magnitude of sternness. Further grave violations may lead to last caution, or any other necessary act rather than the actual discharge. The actual discharge of the employees should certainly be set aside for more serious circumstances of misbehaviour or frequent violations (Williams, 1998). Mostly in cases of the violations of the code of conduct, it is not advisable to terminate or discharge a worker for the first transgression, only if the violation is severe and of magnitude that certainly makes a continual occupation association unbearable. When the employer is deciding on whether or not to enforce the penalty of dismissal, he or she should consider factors such as the nature of the job, worker’s situations such as the length of provision, personal circumstances and earlier corrective record and individual conditions. The employer application of penalty of dismissal should be consistent per the manner in which it is used or functional to the similar and also to additional workers in the ancient situations and also the consistency amongst two or other workers who have engaged in similar or the same violation underneath the same contemplation (Houldsworth & Jirasinghe, 2006). Before the employer decides to dismiss an employee, he or she is supposed to carry out an inquiry in order to decide the bases of discharge. The investigation does not necessarily have to be an official enquiry (Mone & London, 2010).The manager should make sure that the worker is notified of the accusations through a procedure and language which is easily understandable to the employee. The worker must be given a chance to air his or her views about the case in reaction to the accusations. The employees must also be permitted to a realistic period of time to organise the reaction and seek the support of a profession member or a colleague. Guidelines in cases of dismissal Whenever the employer is deciding whether an employee discharge for misbehaviour is biased, the following must be considered: Whether the rule or the guideline was disobeyed or not, the rule or the standard was lawful or sensible, whether or not the worker by any means was conscious or might by reasonable doubt be anticipated to be conscious of the set regulation or instruction, the employer has regularly used the set rule and the procedure and if the actual dismissal of the employee was an appropriate call or decision for the violation of the set rule or the standard (Phillips & Connell, 2003). In case of incapacity the employer should conduct an inquiry to find out the actual causes behind the unacceptable or under par presentation. The manager must also deliberate further methods other than the actual dismissal of the employee that can rectify the situation or that can resolve or make the situation better than it is currently. In case of poor work performance the employer should be in a position to determine whether the said worker was unable to fulfil the mandatory routine guidelines, the worker was conscious or could be reasonably be without doubt be anticipated to be conscious of the essential routine guideline or regulation, a reasonable chance to fulfil the essential performance guideline was given to the employees and the eventual dismissal was the appropriate action (Williams, 1998). Allison should sermon both Simon and Maria and gives them warning for their behaviour and makes them aware that if they continue with the same misconduct they will be dismissed. She should also advice Simon on how he should be behaving in the place of work and should mind how he relates with other employees. She should let Maria know that her work is not good and offer advice and is possible give her some training on how to carry out her job in order to meet the needs of the customers. Question 2 The paramount practice of non-appearance management The superlative practice of non-appearance management focuses on how the organisations are considering their general approach to non-appearance management. The crucial elements of superlative practice at any level of organisation comprise of the following: Presence of strong guidelines and regulations: A crucial opening point in an upright absence management is a strong procedure that is clearly interconnected and clearly agreed by all the staffs and the administration of any organisation. The nonappearance management can therefore be commendably carried out, especially if there is presence of well-documented and established guidelines that prompts accomplishment. The organisation should also put in place policies and guidelines for dealing or handling the short term and long term absence from place of work (Baldwin, 2008). Good communication: After putting in place good absence management procedures there is a great need of ensuring the entire workforce is aware of those procedures. The nonattendance management procedures and guidelines should be highly and frequently revealed to entire staff and constantly repeated in all applicable organisational document (Luecke & Hall, 2006).This might comprise induction materials, copies of terms and conditions, notice boards, employee handbooks, journals, newsletters and also on the electronic mails or the documents. If the message is constantly repeated, clear and well documented, the organisation employees and the management will recognise the set guidelines and procedures are not to be taken lightly but something that is of great importance to the entire organisation (Mone & London, 2010). The presence of absence management data or statistics: The set guidelines and procedure cannot be successful on their own; therefore they need great support of reliable facts that are composed and neatly obtainable. It is similarly important to create consistent structural data showing the non-attendance intensities and the objectives throughout the entire administration. Absence management data helps the organisation to be in a position to measure the organisational performances and also use it as key indicator to be measured and publicised in the organisation management meetings of board members and senior management (Baldwin, 2008). High level commitment: In order to secure lasting improvements and a change in culture there is great need of a upright arrangement of unrelenting administration energy, related to change plan in an administration. Therefore, associations must discover means of ensuring that non-attendance administration remain at the peak of the administration programme, in order for the organisation to avoid the drawbacks that are faced by many unproductive programmes of change. Managers training and support: All best procedures or practices heavily rely on properly and well competent administration. Proper preparation in the techniques and procedures is necessary for the operational supervisors to function and perform properly and correctly in accordance to their duties (Williams, 1998). Managers in an organisation must not merely obtain proper preparation in the procedures and systems but even the required services of dealing with referral, occasion administration and return to labour deliberations. Presence of HR provision and abilities: The superlative exercise of non-appearance administration requires that the Human Resource department review their provision to organisation administrators and also to those who are not feeling well is adequate. The operational administrators must expect the following; a) Access to proficient Human Resource counselling and other sustenance amenities while handling the issues of absence of the sick employees. b) The right to proper admission to the professional fitness amenities to which the organisations administrators should send the employees for initial diagnosis and scheduled timely arrival. The greatest small term organisational nonappearance administration: The most important features of upright exercise in little term management comprise the following: The presence of line mangers responsible for implementing the agreed policies: Ensuring that all employees are aware of the laid procedures if they are unable to attend or report to work and their absence will be handled. The line mangers should be able to set and use a sympathetic tone about the absence of the employees and which is also very professional. The presence of a well-documented return to work interview should be required at the end of the absence, which is a very effective means of dealing with the short term absence. The provision of the fitness to return to work documents or certificates, which shows that an employee is fit to resume work without any hindrance or problem .Conduction of return to labour discussions once each and all non-attendance worker’s (Phillips & Connell, 2003). Precise documentation of employee non-attendance is very paramount to the organisation operation. This would contain authorised or unauthorised, days or dates, if the notification measures were adhered to, reasons for absence, were the appropriateness to reappearance to labour credentials given and any, if at there is any, rapport the operational administrator or the organisation should offer to sustenance the absconder and to boost them to eventual complete presence. Presence of prompt themes and absence review meetings: The prompt theme ought to be well illustrated to all the employees and whenever a worker attains or reaches at a certain prompt point, evaluation of that worker’s appearance ought to be carried out by the management of the organisation. Conduction of the investigation or the medical review: The Human Resource administrator together with the operational administrator should demand for information form the worker’s health expert or even demand that the employees be attended by the organisation’s medical specialist. Putting up flexible working or other any arrangements that can promote attendance: The line manager should put in place working arrangements that can help in offering support to the organisational employees in full attendance such as special leave for personal or family circumstances, flexible working hours, bonuses, advance payments and allowances for the work done or whenever the employees are doing extra work apart from what has been agreed upon. These arrangements should align with the organisations agreed policies (Baldwin, 2008). Putting in place the counselling or the employee assistance programme: The organisation through the line managers should put in provide the employees with counselling or offer the support for the worker support plan or added sustenance programmes which comprise of rehabilitation, free medical check-ups among others. Disciplinary procedures: The organisation line management with the backing of the Human Resource department may put in place disciplinary procedures which are very much aligned to the organisational rules and regulations and also follows the natural justice and suitable disciplinary guidelines and practices in the absence management. Superlative exercise for protracted term administration: Most vital fundamentals of upright exercise in lengthy term nonattendance administration include: Timely involvement: Research shows that prompt or timely involvement there is a greater possibility of a timely or effective reappearance to labour than when the involvement by the management of an establishment comes on a much future period in the absenteeism (Williams, 1998). Protection of connection: When the management ensure that they keep close and consistent contact with the employee, there is a high possibility of return to work of the employee will be successful as opposed to when the employees contact is irregular. Situation administration: Creating a well selected circumstance administrator who ensures that the circumstance administration conferences with the vital workers, which are very important for effective extended period absenteeism administration. Putting up work-related wellbeing participation or the reintegration plan: The organisation can also ensure that they are in position to ensure that their employees return to work successfully by putting in place appropriate intervention. This is can be achieved by the line managers working in collaboration with the organisations medical personnel who help to design appropriate rehabilitation programmes and eventual rehabilitation in to the workforce (Luecke & Hall, 2006). Putting in place the counselling or the employee assistance programme: The organisation through the line managers should put in provide the workers with counselling or offer the support for the worker support plan or further sustenance programmes which comprises of rehabilitation, free medical check-ups among others may be offered to the absent employee. Absence management may also include other broader issues other than the small period and extensive period nonappearance administration procedures plus practices. A major contemplation ought to be assumed to entirely the major subsequent implements which can help in absenteeism administration and appearance promotion. These tools are; flexible working polices, restricting the sick pay and the provision, emergency or the special leave, incorporating medicals and attendance information into enrolment and selection processes, communication of clear policies and guidelines of absence at induction stages, restricting access to promotion or special assignments or the bonuses, integration of the appearance material into the Presentation Administration and Improvement Systems, introduction of a range of measures to back the employee’s health and their well-being and the introduction of the attendance bonuses or the rewards (Baldwin, 2008). There are various factors which greatly contribute to the organisation employee’s absenteeism such as the organisation team work, leadership styles and the management, organisational culture, the organisation of the work and the job design and eventually the morale of the employee and the motivation. Absenteeism usually has direct impacts on the absconder, the operational administrator or the controller and also the colleagues of the absconder. It could also portray an undesirable influence the scheduled delivery of service, especially in cases wherever the absentee is a leading employee in the provision of a shortest provision towards the communal. It furthermore importantly raises the capacity of the Human Resource or the financial section. Ultimately, it influences the organisational wellbeing plus also the situation capability towards react towards changes in the organisations functioning atmosphere which greatly entails employee obligation and enthusiasm. References Baldwin .K, 2008, Managing Employee Performance in Seven Steps, Lulu.Com: North Carolina. Houldsworth .E .A & Jirasinghe .D, 2006, Managing and Measuring Employee Performance, Kogan Page publishers: London. Luecke .R & Hall .B, 2006, Performance Management: Measure and Improve the Effectiveness of Your Employees, Harvard Business Press: Boston. Mone .K & London .W, 2010, Employee Engagement: Through Effective Performance Management; A Practical Guide For Mangers, Routledge/Taylor & Francis Group: Oxford. Phillips .J & Connell .A, 2003, Managing Employee Retention: A Strategic Accountability Approach, Butterworth-Heinemann: Oxford. Williams .R, 1998, Performance Management: Perspectives on Employees Performance, International Thomson Business Press: London. Read More