Managing People Behavior - Coursework Example

Name: Instructor: Course: Date: Managing people behavior Introduction/executive summary Many organizations are embroiled in danger because of failure to deal with risks, risk management issues, employee misconduct and poor reviewing of employee performance contracts. Additionally, keeping the right employees is vital to the overall success of the organization. In simple terms, more than a general yearly performance review makes the organization to continuously assess the progress of the organizations strategic plans, set up goals and objectives (Lancaster et al., web).. By so doing, it ensures that all the workers of the organization are working to meet their stipulated career goals and objectives. One of the fundamental reasons behind managing people and their performance is to improve and promote their effectiveness (Ruth, web). Therefore, an effective way to manage performance is stipulating a performance management criterion that is job specific and easy to adapt and comprehend. In the process, the organization will therefore need to evaluate and comprehend any possible risks or uncertainties that may occur (FSA, web) Moreover, stipulating a clear employee work plan, clear employee job description, a training or coaching objective instillation and career development goals and objectives should be signed off by both the employer and the employee. In other words, a clear performance plan requires that one copy of the proposed conditions should be given to the worker and another copy filed in their organization portfolio. By definition, a risk is an attributal measure of the incoming uncertainties when it comes to achieving organizations objectives and goals within postulated schedule, cost and performance index constraints. Additionally a risk can be said to involve all attributes and aspects of a program such as technology maturity, and threat because all this aspects revolve around the work break down structure (Entrepreneur, web). Owing to this, the predicaments that Sam and his supervisor engaged in is termed as a risk to the company because it also revolves around the work breakdown structure. In other words, risk serves to address the unanticipated variation in a stipulated approach as well as any expected outcome (Lancaster et al., web).. However, in our case study, the organization experienced difficulties due to risk unpreparedness, poor risk management policies and lack of risk mitigation techniques that will ensure that employee’s performance is reviewed according to the working contract that should have been signed during the first day of the employee at work. Reason why the organization lost Risk analysis of the case and strategies to curb future scenarios Risk identification and analysis has become one of the essential management issues due to high intensity of work programs. Additionally each and every organization must establish a way of identifying the root cause, start official documentation, and in the process manage to establish a platform for proper management. Furthermore, risk analysis and identification commences as soon as possible and continues to operate throughout the organizations Programme with regular analysis and reviews (University of Australia, web). In this case, the organization should have established a way of identifying Sam’s technical performance measurements, resource data, life-cycle cost information, schedule checkup criteria, Sam’s progress versus critical data and operational readiness of their employees (Harvard, 21). Moreover, it will be of utmost importance for the organization to realize that risk identification process involves each and every member of the organization or rather it is a responsibility that needs to be uncultured in every staff member of the organization (Steinberg, 37). Therefore, a clear contract stipulating roles and responsibilities to Sam on his first day at work could have prevented some of the reasons why the Australian welfare lawsuit succeeded It is universally accepted that, examination of an organization program is realized through division of the organization into relevant areas and elements. By so saying, it means that, the management of the security organization should have demarcated according to requirements, functional areas, acquisition phases, technical programs as well as a product-oriented course. By so doing, they would have identified, workers portfolio requirements including the number of day’s employees are absent without permission, certificate of employees code of ethics, the root causes of risk within a Programme (Lancaster et al, web). Therefore, the failure to clearly identify the dangers associated with the violent conduct from workers as well as the unpreparedness in such situations exposed loopholes in the organization’s management of Sam’s situation. The failure of the organization to break down the elements of their programs to a level where the Programs subject matter experts (SME) can be able to identify loopholes in the programs, and in the process, perform valid risk identification, made the organization to realize the risk and the predicament involved in the case when it was too late. Nevertheless, the data and information required to perform this task depends on the life-cycle phase of the planned Programme (Streiberg, 13). Therefore, a risk assessment checklist is important at every phase of the organization Programme. Moreover, after demarcation of the organization, risks or any threats can be identified through brainstorming, based on the past experience, lessons from historical similar situations as well as the guidance stipulated by the management criterion. Each and every undesirable activity that may hamper the success of any organization’s program in terms of schedule, performance and cost should be clearly identified and assessed so as to determine the consequence and likelihood of threat or risk occurrence. In other words, the organization had no chance against the Australian Welfare Court because it had no tangible evidence that indeed Sam had breached the ethical code of conduct of the organization (University of Australia, web). Owing to these, the security organization should have postulated a standard code of reporting and evaluating the nature of the risk as well as the stipulated penalties in case of any employee misconduct. Strategies to mitigate future risks One of the fundamental ways of ensuring the organizations success is a clear risk mitigation plan. Additionally, the approach that the organization will employ in dealing with the unfavorable condition will determine its future success in dealing with such situations. Therefore, it will be wise to establish ways of eliminating the primary cause or rather the consequence of the unfavorable situation, postulate ways of controlling the consequence, find ways to transfer the risk or either assume the impact level of the situation and establish new program plan. By definition, risk mitigation involves identification, evaluation, assessment and selecting ways of minimizing the impact of the unfavorable situation (University of Australia, web). For instance, an activity that will help reduce the future impact of the consequences that Sam’s situation created for the organization is a risk mitigation plan. Therefore, the security organization must establish what should be postulated, the time frame of accomplishing the activity, the people responsible for the unfavorable situation as well as the funds that will ensure that the risk mitigation plan is implemented successfully (Streiberg, 17). Furthermore, the details involved in the establishment of the strategy depend on the nature of the needs and the life-cycle phase to be addressed. It is therefore good for the security organization to establish the type of mitigation Programme that will be required for each root cause. Additionally, once it establishes alternatives, the stipulated mitigation conditions should be embedded in the organizations demarcated programs (Ocfs, web). Moreover, it should establish its risk mitigation plan in way that makes it realistic, measurable, and achievable and documented so that it can be able to address the title, date of the plan, short description of the unfavorable condition, the reason behind the existence of the risk, the status of the risk as well as the fallback approach (Lancaster et al., web).. By so doing, it will ensure that, the security organization’s handling of Sam’s situation is within the legal framework. In other words, it will make sure that the organization has the right operational vehicle with management as well as other stake holders. Furthermore, it will also direct the mitigation team to define as well as approve risk reduction plans. For the organization to effectively mitigate future unfavorable conditions such as the ones they incurred with Sam. It should involve the entire staff as well as an outside help from those individuals who are experts in organization’s vital areas such as workforce, working environment, technology, manufacturing, logistics (FSA, web). Additionally, it should focus entirely on the human element of the organization such the terms and conditions of work, code of conduct as well as other human integration elements (University of Australia, web). By so saying, it means that, the end product consumers, significant participants in the organization law and marketing activities should be incorporated in eliminating future scenarios so as to see to it that, there is an acceptable balance in terms of cost, performance, schedule and in the process, the risk is effectively mitigated. Owing to these, it can be concluded that, a close working relationship with the government, law firms and the company, will help promote a clear understanding of the company’s program risks ad helps in the execution and management of future risks. What the organization should have been doing to defend itself successfully The most fundamental duty of much employment relationship revolves around the employer’s duty to offer payment for work done and the workers duty to work. Additionally, these two principles are the primary factors that define employment relationship. For instance, workers are expected to perform their tasks competently, report to work regularly unless they have been offered permission due to justifiable reason (University of Australia, web). Moreover, the employers on their part are expected to pay their workers based on the agreed upon terms of payment and rates, treat their workers with civility, respect decency with dignity as well. In a perfect world, it is difficult to happen, but along the way, most employers will be encountered with an uphill task of dealing with their workers misconduct (Lancaster et al., web). When dealing with such situations that involve employee misconduct, organizations should keep in mind the common law framework and the legislative legal framework that governs and stipulates employee relationship (University of Australia, web). By so saying, it means that, a clear consideration should be made in regards to some of the well-known relevant legislation for example; the Employment Standards Act that was stipulated in the year 2000, occupational health Act and to some principles such as wrongful dismissal and constructive principle. Moreover, to effectively deal with employment relationship as well as any form of potential misconduct, the security organization should have stipulated some reasonable rules of conduct as well as performance expectations. Moreover, it should have communicated any action taken in case of such misconducts so as to instill continuous application of the rules and policies and their enforcement. Additionally, the security organization should have provided proper coaching and training coupled with advanced counseling to their employees (Ruth, web). By so doing, it will help the organization to carefully consider any unfavorable behavior as well as behavioral reaction and in the process, it will prevent instantaneous reactions. Factors the organization should have considered when dealing with Sam’s misconduct/ list of legislation that applies to Sam’s situation It is universally acknowledged that one of the primary tools of an employer is a well-documented employment contract for those employees who are non-unionized. Additionally, a documented contract stipulates a clear record of the conditions and terms of employment and will therefore serve to curb any form of misunderstanding that may arise between the employee and the employer (Lancaster et al., web). The documented contract should also be in apposition to outline probation conditions, an acknowledgement that clearly outlines compliance with employer rules and regulations, termination provisions and restrictive covenants in some circumstances. In our case study, the security organization did not have a well stipulate contract of employment that stipulated compliance of the employer rules and regulations as well as any dismissal terms (Streiberg, 19). By so saying, it means that, if it had a written document that embodies obligations and rights of both the worker and the employee, the organization would have reduced the risk of getting sued by Sam for wrongful or rather constructive dismissal (University of Australia, web). Policy manuals, work place procedure as well as procedures at work form a very significant segment of employment relationship. Additionally, rules and regulation manuals often contains the working relationship between the workers and their employer and in most cases, they help establish code of conduct of employees, employer-employee expectations, establish a reference guide for each and every staff member. However, all this conditions will depend entirely on when they were stipulated, whether they are reasonable, if workers agreed on the terms and finally, whether the organization offered coaching, counseling and training in respect to the policy, procedure, and rules and regulations (Lancaster et al., web). Furthermore, Courts clearly indicate that, in case to dismiss an employee in a just manner, the effect of rules and regulations breach would have to be adverse coupled with an absence of a more reasonable excuse by the worker. In other words, the security organization would have examined the Sam’s misconduct situation so as to establish whether dismissal is a favorable penalty. By so saying, it means that, if the security could have established that termination of Sam’s contract is unfavorable, then it will have employed some corrective measures that are more lenient than dismissal. According to legislative requirements, an employer may just dismiss their worker for what is termed as just cause. In other words, the reason for dismissal should be a serious incident of misconduct. However, in the modern era, the court system has stipulated clearly that the relationship of employment should not be taken lightly (Harvard, 7). Therefore, given the significance role that work plays on individual’s identity, the security organization should have narrowed the scope involving the just cause so as to address and recognize the power imbalance that arises between the workers and employers (Lancaster et al., web).. Moreover, the organization should have established documented evidence that clearly proves that the unfavorable behavior was of a greater impact nature as well as character that warrant a dismissal. Steps put in place to help non-performing employees The issue of disciplining employees has been existence for quite some time. Additionally, termination and dismissal of employees is meant to serve the purpose of teaching other employees a lesson that they may also follow suit if they engage in any form of misconduct. Given the hardships that employers go through when it comes to dealing with such unfavorable situations, it is advisable for employers to cultivate the culture of progressive discipline before imposing termination or dismissal with cause (Ocfs, web). By so saying, it means that, employers may land themselves in a better position of avoiding legal fees and large damage awards by adhering to the stipulated disciplinary procedures. By way of example, this disciplinary step sequence includes; first is verbal reprimand (Ruth, web). The second step involves a written reprimand; the third step is suspension without pay. The final step that the organization might take is termination. The implementation of such steps would have ensured that the security organization to show that, it tried its best in rehabilitating Sam before eventually decide to dismiss him. Additionally, all the punishments and corrective measures that were imparted on the employee must as well be recorded and documented in their files and workers portfolio (Lancaster et al., web). Such actions would only work if Sam was dismissed according to the legal procedures. Furthermore, the organization was required to issue a warning to Sam reminding him that his behavioral actions will result into a dismissal incase his actions repeats or in case of incompetence at work. In other words, a warning serves to remind the employee the code of conduct of the organization as well as what is expected of them at work (FSA, web). Steps of a performance review process and disciplinary hearing process The first step of the performance review process is establishment of a working contract. By definition, a contract is fundamentally an embodiment of obligations and rights that govern both employee and employer (Ocfs, web). A well stipulated contract includes the working conditions and terms of work, compensation fees, probation terms, an acknowledgement from the employee of compliance to the policies and procedures of the organization and termination provisions. Therefore, by honoring the terms under conditions that revolve around employee dismissal, the organization substantially reduces the dangers associated with wrongful dismissal. The second step involves stipulation of workplace rules, procedures and policy manuals. By explanation, these documents are of utmost importance because; first, they establish employee conduct as well as providing the much needed guidance to supervisors, staff and management (Lancaster et al., web). Secondly, they act as a tool for dispute resolution. Thirdly, they create a reference guide for all the staff members and shape the organizations culture. The next step of performance review is differentiating between non-culpable and culpable employees. At this stage, the role of employment in an individual’s life and dignity is recognized by the court (Harvard, 16). Additionally, the courts recognize that work plays a crucial part in an individual’s emotional well-being, sense of identity and an individual’s self-worth (Ruth, web). By so saying it means that, given the significance of an individual’s work, the courts went further to narrow the subject matter and the issue of just cause so as to deal with the imbalance existing between employees and their employers. Internet abuse is another procedural review step for those employers who want to incorporate internet as the sole efficiency tool of their organization while simultaneously dealing with the temptations that are non-work related from their employees (Entrepreneur, web) Without instillations of proper systems to monitor the internet usage by employees, most organization managers will be in the dark of the ongoing abuse in their work place (Ruth, web). However, some individuals believe that, allowing internet freedom at work improves employees output since they may not abandon their tasks in order to engage in their personal dealings. However, according to the court decision review, personal internet use should not go to an extent of distributing or accessing inappropriate data that may warrant a disciplinary action (Ocfs, web). Ultimately, the disciplinary action taken should commensurate with the unfavorable condition of cyber-slacking considering all contextual and mitigating factors. Such forms of behavior are closely followed by harassment or any other form of bullying at work place. Taking disciplinary action is also one of the fundamental steps of legal procedural review. Progressive disciplinary actions serve to show other employees as well as those employees who have been involved in the dubious act that, their actions may warrant a more severe penalty (Harvard, 23). At this stage, the courts stipulate that, all the corrective measures and facts are true, well written and records maintained. In case of a court dismissal, the employer may rely on the progressive disciplinary actions itself to justify the final actions University of Australia, web) At the risk mitigation stage which involves the identification, evaluation and selecting the most appropriate approaches of establishing the risk at affordable levels depending on the organization constraints. Additionally, this stage also involves risk assessment to determine the extent and nature of the unfavorable condition affecting the organization (Lancaster et al., web).. By so saying, it means that, the knowledge and skills of experts is required at this juncture so as to help in the mitigation process. In other words, when determining the best approach to use to mitigate a risk, it is advisable to consider the justifications for lowering the risk in the first place which in most cases involves identifying what has exactly changed when the risk was initially assessed and how much it has changed at the current state (Frenkel, 4) Performance appraisal process Not so many individuals look forward to a performance appraisal process. Additionally, comprehending the process clearly will enable both the employees and employers to have a very fruitful appraisal. In most cases, performance appraisal serves to develop the employee by imparting them with appropriate skills and knowledge so as they may be in a better position to meet the needs of the organization in the future. For organization mangers to be able to help their workers effectively in developing their capabilities and skills, it is of utmost importance that they initiate the process of performance management immediately the employee reports to work on the first day. By so saying, it means that, they should establish a file that will help them record the task accomplished successfully by the worker, areas of improvement coupled with a regular feedback ( Kirkpatrick& Donald, 17) Furthermore, a regular feedback should be released quarterly or more frequently depending on the motivation and encouragement needs of the employee. In other words, the performance of an employee commences with the planning process and eventually ends with employee evaluation. By so doing, it will ensure that their workers thrive depending on the feedback provided on their work activities. In the course of the year, a worker may engage in unfavorable behavior that calls for disciplinary actions (Lancaster et al., web). At this stage, the organization should have a well written procedure that documents each and every disciplinary action taken. In this case, all decisions and disciplinary improvements are discussed during the performance appraisal meeting (Ruth, web). During any disciplinary hearing in an organization, the organization’s panel should first conduct an investigation into the misconduct claim in order to see to it that, indeed that the employee’s actions were against the signed on procedures, policies, and rules and regulations of the organization investigation (Lancaster et al., web). If it is something serious, the organization should refer the matter to government law and order authorities such as the police, but if it is not a serious offence, then the organization is free to as the employee to step down to allow for further investigation (Ocfs, web) After further investigation, the panel should present the investigation outcomes so as to allow for the application of the appropriate disciplinary action. At this juncture, progressive disciplinary action is the most recommended action since it allows room for caution and self-evaluation before warranting a direct dismissal. Many organizations have long documented forms of managing documented details of workers performance in areas such as aptitude, communication skills, and job proficiency. Moreover, during the appraisal meeting, some organizations prefer workers to have a brief self-evaluation about their performance (Kirkpatrick& Donald, 18). At this stage, the human resource specialists offer their evaluation of each and every worker in a comfortable manner that will not warrant tension in their employees. In simple terms, the managers should transfer the objectives and goals of the organization into workers requirements and objectives, communicate their work expectations to the staff, provide timely feedback to employees, offer training opportunities to workers, diagnose the employees relative weaknesses and strengths and finally, determine way forward in improving ability utilization and performance (Ruth, web). Conclusion The organization experienced difficulties due to risk unpreparedness, poor risk management policies and lack of risk mitigation techniques that will ensure that employee’s performance is reviewed according to the working contract that should have been signed during the first day of the employee at work. In this case, the organization should have established a way of identifying technical performance measurements, resource data, life-cycle cost information, schedule checkup criteria, employees progress versus critical data and operational readiness of their employees (Lancaster et al., web). Moreover, each and every undesirable activity that may hamper the success of any organization’s program in terms of schedule, performance and cost should be clearly identified and assessed so as to determine the consequence and likelihood of threat or risk occurrence (Frenkel, 11) Work cited Entrepreneur. When and How to Discipline Employees. Web (2005).viewed on 6th august 2015 from: http://www.entrepreneur.com/article/78508 Frenkel, Michael. Risk Management: Challenge and Opportunity; with 125 Tables. Berlin [u.a.: Springer, 2005. Print. FSA. How Do I deal with an Employee’s misconduct? .Web (2015).Viewed on 6th august from: http://www.fsa.usda.gov/FSA/hrdapp?area=home&subject=mgrs&topic=dem Harvard Business Review on Appraising Employee Performance. Boston, Mass: Harvard Business School Pub. Corp, 2005. Internet resource. Kirkpatrick, Donald L. Improving Employee Performance through Appraisal and Coaching. New York: American Management Association, 2006. Print. Lancaster, Brooks & Welch LLP. How to Deal with Employee Misconduct. Web,(2007). Viewed on 6th august 2015 from: http://www.lbwlawyers.com/publications/how-to-deal- with-employee-misconduct/ Ocfs. The Performance Evaluation Process. Web (2015).Viewed on 6th august from: http://www.ocfs.state.ny.us/ohrd/materials/30365.pdf Ruth Mayhew. Six Steps of Performance Appraisal Process. Web (2015).Viewed on 6th august from: http://smallbusiness.chron.com/six-steps-performance-appraisal-process-1912.html Steinberg, Richard. Governance, Risk Management, and Compliance: It Can't Happen to Us Avoiding Corporate Disaster While Driving Success. Hoboken, N.J: Wiley, 2011. Internet resource. University of Australia. University Policy on: managing misconduct (Professional employees). Web, (2015). Viewed on 6th august from: http://www.hr.uwa.edu.au/policies/policies/management/misconduct Read More