Professional Documents
Culture Documents
Assessment Task 1
1. Briefly explain (in 15 to 20 words) what an Employment Contract is and list five (5)
terms and conditions you will find in an employment contract.
An employment contract is a formal agreement, oral or written (mostly written),
signed between the employee and the employer or contractor, showing the roles and
responsibilities of each party and the compensation of the work done by the
employee.
Terms and conditions found on the employment contract are:
i. Duration and nature of the employment
ii. The roles and responsibilities of both the employer and the employee
iii. The compensation awarded to the employee
iv. Expected code of conduct of the employee
v. The confidentiality agreement
2. List at least five (5) policies and procedures commonly used to manage the
termination/separation process.
i. Termination/separation of employment policy
ii. Redundancy policies and procedures
iii. Code of conduct policy
iv. Disciplinary and poor performance policy
v. Anti-harassment and non-discrimination policies and procedures
3. Define the term ‘dismissal’ (in 10 – 15 words) and list at least five (5) common steps
covered by the dismissal procedure.
Dismissal is the act of ending the employment of the employee, when the contract is
still valid, without the will of the employee due to many reasons from economic
downturn to breaking of company rules and policies by the employee.
Steps of dismissal include:
i. Investigation of the misconduct of the employee
ii. Giving the employee a written report on their misconduct and warming them
iii. Giving time and counselling to the employee
iv. Reassessment of the employee behaviours after some time. If the employee
has not changed, the employee will be given a chance to appear to the
disciplinary committee or any other relevant committee.
v. The employee will be dismissed and given a written dismissal letter and an
option to appeal the decision of the committee.
4. List at least four (4) circumstances when the dismissal of an employee is unlawful
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 3
i. When the employee is dismissed due to personal reasons such as race, gender,
age, or culture hence breaking the anti-discrimination laws
ii. Terminating an employee due to a complaint filed by the employee
iii. Terminating an employee due to temporary absence at work due to sickness
iv. Temporary absence due to voluntary emergency management activity which is
reasonable regarding all circumstances
5. Define the terms ‘redundancy’ and ‘redeployment’ (in 20 – 40 words)
Redundancy is the act of ending the employment of the employee due to the economic
downturn that necessitates the reduction of the number of employees or the position
of the employee is unavailable in the firm. Redeployment is the act of assigning the
employee another position in the firm or to another branch since the currently held
position is no longer needed by the firm due to the economic downturn (Belloc,
2019).
6. Briefly describe the step-by-step process that must be followed to make an employee
redundant (in 80 to 100 words)
Step 1: All the employees of the firm should be informed of the possible redundancy
in the firm.
Step 2: Involving the employees to work out any possible alternatives to the situation
to evade redundancy. Redeployment options will be considered.
Step 3: In case there are no options, the firm will perform fair scoring criteria and
inform the employees of this. This is done to select the employees to be made
redundant.
Step 4: The employees selected to be made redundant will be informed through
written notices. Upon maturity of the notices, the employees are paid the
redundant fees.
7. Define (in 40 to 60 words) the term ‘voluntary termination’ and explain at least one
obligation that employees must fulfil when notifying voluntary termination
A voluntary termination is an act of termination that has been initiated by an
employee by giving due reasons. Voluntary termination can also termination due to
the agreement between the employer and the employee. An employee has an
obligation of providing reasonable notice for termination of the employment and
reasons, if any, for termination (Fiol et al., 2016).
8. Explain (in 40 to 60 words) what an ‘exit interview’ is and list at least two (2)
reasons why organisations conduct them?
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 4
An exit interview is a survey done to an employee who is leaving the organization and
separating himself/herself from employment to obtain honest feedback on human
relations issues and any other department of the firm.
Reasons for conducting an exit interview
i. To reduce employee turnover through the improvement of employee services.
ii. To uncover any issues relating to human resources.
9. Identify five (5) components of an effective Exit Interview (EI).
i. An introduction that will give the employee an explanation of the importance
of the interview.
ii. Well structured questions that will lead to the achievement of the exit
interview objectives and obtaining of the information.
iii. Employee review section where the employee will be given a chance to review
the services and activities of the firm.
iv. Consent giving section for the employee to be assured confidentiality and
privacy of the information given.
v. A conclusion session where the human resources will thank the exiting
employee for their time.
10. List at least five (5) relevant legislation or standards related to industrial relations
and employee dismissal.
i. Fair Work Act 2009
ii. Workplace Gender Equality Act 2012
iii. Superannuation Act 1976
iv. Small Businesses Fair Dismissal Code
v. Public Service Act 2009
11. Read the scenario below and answer the questions.
Boutique Build Australia, a small entity company based in Sydney that specialises in
the design and build of high-quality designer homes is participating in the upcoming
Home Show in Brisbane. You, as an HR Manager, has appointed Anna Armstrong as
a front desk staff at the event to assist customers with their enquiries and collect their
contact details. She started her work in the company 6 months ago.
On Saturday morning, Anna Armstrong arrived at the stand ten minutes late.
During the morning Anna was seen talking with friends and sharing photos on their
mobile phones. Several times you told Anna that there were attendees looking at the
stand and at the brochures who hadn’t been approached by a staff member for their
details. Anna then returned from lunch break ten minutes late. The team at the stand
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 5
has been busy, and you have overheard team members speak in a negative way
manner about Anna’s performance.
a. Describe briefly Anna's underperformance during the event? (in 60 to 70
words)
Anna showed poor tie management during the event. She came late to the stand in
spite of her desk being critical towards sourcing for new customers for the firm.
Also, she lacked poor teamwork skills. This is because she was late and was doing
personal stuff when the other employees were so busy. This shows that she is not
a good team player.
b. Describe the disciplinary procedure you should take on Anna's
underperformance? (30 to 40 words)
Anna showed repetitive lateness behaviour and is thence considered poor time
management and need a disciplinary measure. First and foremost, Anna should be
removed from the front desk in the home show in Brisbane. This will be followed
by a formal warning letter. The warning letter will address the situation and warn
Anna from any such incidence as it will lead to suspension. This disciplinary
measure is meant to be light as there was no major issue in the mistake that Anna
did.
c. Assume you have decided to dismiss Anna due to her incapacity to perform or
misconduct. What you will need to consider complying with legislative and
organisational requirements?
I will have to give a formal verbal or written warning to Anna. This is meant to
make her improve on her performance. After some time, her behaviour will be
assessed. If her Anna will not have improved her behaviour, she will have to face
dismissal due to the incapacity to perform her tasks as required by the firm. I will
give her a termination notice and a chance to appeal the decision. I will then
ensure that she is dismissed with all dues paid as per the requirement of the firm.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 6
Assessment Task 2
Purpose
This policy works to provide the procedures and circumstances which the firm will deal with
employee separations and terminations which will make the employee cease to continue
working for the firm. The policy will address the circumstances such as redundancy,
dismissal, voluntary termination, and death of an employee. The policy will work to ensure
that the separation and termination practices are done in a professional manner and in
accordance with the law of the country and with minimal disruption of the activities of the
firm.
Scope
This policy will apply to all current staff and future staff to be employed by the firm.
Contracted employees will also be covered by the policy. The policy, at no stage, will be
applicable to the casual employees.
Policy Statement
The separation and termination processes will be conducted in a timely manner and must
achieve transparency and fairness at all times. The process will abide by the legislation of the
country at all times.
Rights and Responsibilities
Outline the rights and responsibilities of the board, management and staff regarding the
forms, procedures or systems as well as who is responsible for developing, maintaining,
monitoring and implementing the policy.
Rights and responsibilities of the board
i. Oversee the separation/termination of employment process as it is being done by
the HR Manager.
ii. Ensures that the policy complies with the national and international legislation
iii. Countersigns to give the management the power to act on its behalf
Rights and responsibilities of the management
i. Administer the policy and procedure of the firm on behalf of the management
ii. They ensure the policies and procedures are up to date and abide by the national
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 8
legislation.
iii. They give the employees adequate information on the policy and procedure
iv. Ensures that the employees are aware of the policy and updated in cased of any
changes.
v. They implement the policy in full
Rights and responsibilities of the staff
i. Abide by the policy and procedure of the firm
ii. Ensure that they are aware of the policy, its contents, and its applications
iii. Takes an active part in the development and implementation of the policy as
required by the firm's employee involvement.
Definitions
Employee
In this policy, the employee will refer to any staff working for the firm in any assignment
irrespective of the employment contract.
Discrimination
This refers to any form or illegal sideline of an employee, or group of employees.
Representative
This is an individual that will act on behalf of the employee or group of the employee in any
legal or official activity that includes cases and any other activity requiring employee
representative during the implementation of this policy
Dismissal
This is the termination of employment initiated by the employer against the will of the
employee.
Procedures
The firm will ensure that all the employees are well conversant with the separation and
termination policy. The employees will be involved in all the processes of policy
development and revision. The following are procedures relate to this policy and procedures.
Termination of employment
Termination of an employee might be voluntary or involuntary
Reasons for termination of the employee must be indicated.
A one month notice will be provided for termination of employment, either voluntary
or involuntary.
Employees must clear with their departments and security of the firm prior to their
last day in the firm.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 9
Death of an employee
The death of an employee whose contract is still active and is more than one month
will be considered by the firm as the termination of employment upon the
pronunciation of the death of the employee.
Superannuation will be done and the amount paid in full within one month after the
death of the employee.
Compensation Policy applies in the mode of payment of the dues of the employees
who die when their contract is deemed valid.
Dismissal including unlawful dismissal
Dismissal of an employee will be effective from the date signed by the employer. The
dismissal of an employee should be communicated to t6he employee on that effective
date or not later than two days.
Unlawful dismissal of an employee refers to any dismissal process that won’t follow
the due procedure as required by this policy or the legislation of the firm.
Unlawful dismissal also refers to any matters of dismissal where age, gender,
race, religion, or ethnicity was used to select an employee to be terminated
(FWC.gov.au, 2020).
Any unlawful dismissal will be revised and will lead to the reinstatement of
the employee or full payment of the firm.
A dismissal is considered valid and acceptable if the employee has been terminated on
the matter of poor discipline, performance, gross misconduct, or any violation of any
policy or agreement of the firm.
During dismissal, the employer or the employee can be represented by an individual
with an in-depth knowledge of the law or process.
Redundancy and redeployment
The employees can be made redundant when the economic conditions do not favour
the firm and hence the firm should have poor economic conditions and need to reduce
the number of employees.
In case the firm has other positions or branches can accommodate the employees, the
firm will redeploy the employees of the firm to the positions or branches.
Proper notice and employee involvement will be followed when employees are made
redundant or redeployed.
Fairness, transparency, and equality will be observed all through the process of
redundancy and redeployment.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 10
3. Meet with the management (your assessor) to discuss your draft separation or
termination policy and the supporting forms and letters developed.
A meeting with the management
Date 20th February 2020
Attendees All managers of the firm
Venue Staff Lounge
Facilitator The HR Executive
Duration 9.00 a.m. – 11.00 a.m.
Main objective Assessment of the draft separation or
termination of employment policy and
procedures
Minutes Items Action by: Done by Date:
Opening of the meeting and presentation of apologies General Nil
Manager
Assessment and discussion of the separation or HR Manager Nil
termination of employment policy draft.
Level of involvement of the employees
Brainstorming on the improvement and
correction of the policy draft to ensure
effectiveness.
Overall recommendations and legislation
adherence of the policy
Action items HR Manager 20th Feb 2020
The policy draft should be presented to the
employees of the firm and their suggestions
are taken into concern.
The final revision of the policy will be done
and forwarded to the firm's management for
approval
The Next Meeting will be held on 29th Feb 2020 General Nil
Manager
Closure of the meeting by the General manager
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 13
Assessment 3
given recommendation letters from the firm to ensure that they are
successful in the job search.
As a means to aid the employees made redundant, the firm will look
Step 5: Selecting
for an outplacement provider. This organisation will help the
an outplacement
employees through counselling and hence help them to obtain other
provider
jobs. The firm will pay for the service.
Meetings and assurance will be given to the remaining employees to
ensure that they have no job insecurity fears. The firm will also
Step 6: engage the employees in proper assessments to ensure that they have
Stabilisation current skills and expertise and hence have the capability to work in
the firm. Through this, the firm will be able to increase the output of
their employees and hence realize its objectives.
It is important to assess the process dispensation and its
effectiveness in achieving the objectives of the firm. At this stage,
the firm will have to assess the whole process and aid in improving
any such processes in future.
Step 7: Evaluation
A survey will be prepared and distrusted to all the stakeholders. The
survey will have strategically developed questions to ensure that all
the sections of the process will be assessed. The survey will then be
collected and analysed.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 16
2. Identify the skills and knowledge required for managers to manage dismissal
and redundancy.
It is important for the firm’s managers to be well conversant with redundancy and
redeployment procedures. This is because the management at one point will be needed to
provide advice and information that will be used in the exercise of redundancy and
redeployment plan. With proper exercise, the management will be able to dispense this
process at minimal costs. Improper exercise of this process will lead to court battles with
the employees of the form and the unions. The following skills will be required by the
firm’s management to ensure proper dispensation of the redundancy and redeployment
process.
i. Proper communication skills: The communication should be timely, consistent
and truthful. This will give the employees a good understanding of the
process. Also, this will abide by the legislation of the country that necessitates
adequate and timely communication in case of redundancy and redeployment.
ii. Good leadership skills: The process will need the managers of the firm to have
proper leadership skills and exercise them in accordance with the law. The
managers should guide the employees in times of redundancy and
redeployment and ensure that the operations of the firm are stable.
iii. Time consciousness: The managers should be timely in their decisions to aid
the firm to reduce the costs and ensure that the process abides by the
legislation and policies of the firm.
With these skills, the firm will have the managers exercise the skills and expertise to
ensure that the redundancy and redeployment process is a success and abide by the
legislation of the firm.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 17
STEP ACTION
Notification The firm will inform the employees of their retirement two years prior to
their retirement date. The employees will then be taken over financial
management and educated on dealing with their lifestyles after retirement.
The firm will then on a monthly basis, inform the employees of their
retirement dates on their payslips.
Entitlement The dues of the employees will be calculated by the Hu8man Resource
Manager. The firm will pay any retiree within three months after their
retirement effective date.
Replacement Replacement of the employees who will go for retirements will begin
18months prior to their retirements. This is meant to ensure that the
employees will share knowledge and skills to the junior employees. This
will ensure that the firm retains knowledge and skills. The juniors
employed in the firm will be mentored and coached by the employees to
go to retirement.
Feedback The feedback from the employees who are to retire will be considered and
valued by the firm. A special exiting interview will be developed for the
employees. This interview will mainly aim at how to improve the firm’s
practices and employee relations. The responses will be analysed and the
proposals form the employees considered critically. Any valid suggestions
will be implemented by the firm.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 18
Purpose
This policy works to provide the procedures and circumstances which the firm will deal
with employee separations and terminations which will make the employee cease to
continue working for the firm. The policy will address the circumstances such as
redundancy, dismissal, voluntary termination, and death of an employee. The policy will
work to ensure that the separation and termination practices are done in a professional
manner and in accordance with the law of the country and with minimal disruption of the
activities of the firm.
Scope
This policy will apply to all current staff and future staff to be employed by the firm.
Contracted employees will also be covered by the policy. The policy, at no stage, will be
applicable to the casual employees.
Policy Statement
The separation and termination processes will be conducted in a timely manner and must
achieve transparency and fairness at all times. The process will abide by the legislation of
the country at all times.
Rights and Responsibilities
Rights and responsibilities of the board
iv. Oversee the separation/termination of employment process as it is being done
by the HR Manager.
v. Ensures that the policy complies with the national and international legislation
vi. Countersigns to give the management the power to act on its behalf
Rights and responsibilities of the management
vi. Administer the policy and procedure of the firm on behalf of the management
vii. They ensure the policies and procedures are up to date and abide by the
national legislation.
viii. They give the employees adequate information on the policy and procedure
ix. Ensures that the employees are aware of the policy and updated in cased of
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 19
any changes.
x. They implement the policy in full
Rights and responsibilities of the staff
iv. Abide by the policy and procedure of the firm
v. Ensure that they are aware of the policy, its contents, and its applications
vi. Takes an active part in the development and implementation of the policy as
required by the firm's employee involvement.
Definitions
Employee
In this policy, the employee will refer to any staff working for the firm in any assignment
irrespective of the employment contract.
Discrimination
This refers to any form or illegal sideline of an employee, or group of employees.
Representative
This is an individual that will act on behalf of the employee or group of the employee in
any legal or official activity that includes cases and any other activity requiring employee
representative during the implementation of this policy
Dismissal
This is the termination of employment initiated by the employer against the will of the
employee.
Procedures
The firm will ensure that all the employees are well conversant with the separation and
termination policy. The employees will be involved in all the processes of policy
development and revision. The following are procedures relate to this policy and
procedures.
Termination of employment
Termination of an employee might be voluntary or involuntary
Reasons for termination of the employee must be indicated.
A one month notice will be provided for termination of employment, either
voluntary or involuntary.
Employees must clear with their departments and security of the firm prior to their
last day in the firm.
Death of an employee
The death of an employee whose contract is still active and is more than one
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 20
month will be considered by the firm as the termination of employment upon the
pronunciation of the death of the employee.
Superannuation will be done and the amount paid in full within one month after
the death of the employee.
Compensation Policy applies in the mode of payment of the dues of the
employees who die when their contract is deemed valid.
Dismissal including unlawful dismissal
Dismissal of an employee will be effective from the date signed by the employer.
The dismissal of an employee should be communicated to t6he employee on that
effective date or not later than two days.
Unlawful dismissal of an employee refers to any dismissal process that won’t
follow the due procedure as required by this policy or the legislation of the firm.
Unlawful dismissal also refers to any matters of dismissal where age,
gender, race, religion, or ethnicity was used to select an employee to be
terminated.
Any unlawful dismissal will be revised and will lead to the reinstatement
of the employee or full payment of the firm.
A dismissal is considered valid and acceptable if the employee has been
terminated on the matter of poor discipline, performance, gross misconduct, or
any violation of any policy or agreement of the firm.
During dismissal, the employer or the employee can be represented by an
individual with an in-depth knowledge of the law or process.
Redundancy and redeployment
The employees can be made redundant when the economic conditions do not
favour the firm and hence the firm should have poor economic conditions and
need to reduce the number of employees.
In case the firm has other positions or branches can accommodate the employees,
the firm will redeploy the employees of the firm to the positions or branches.
Proper notice and employee involvement will be followed when employees are
made redundant or redeployed.
Fairness, transparency, and equality will be observed all through the process of
redundancy and redeployment.
Voluntary Termination (Resignation)
This is a situation that the employee, freely and willingly, decides to end the
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 21
Sign:____________________
The General Manager
Name:_____________________________________________ Date: _____________
Sign:____________________
The Chairperson of the Board
Name: _____________________________________________ Date: _____________
Sign: ___________________
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 23
6. Conduct a brief training session to the Marketing Manager (your assessor) to explain
the exit interview process
Presentation attached
7. Analyse the data collected from the two interviews (Appendix 7) and write a half-
page report suggesting improvements to the processes of Alpha Design Corporation.
As part of the firm’s requirement, exit interviews will be held to aid the human
resources in the development of human resources policies and processes. It will advise the
human resources on the areas that need improvement. In the recent past, two employees
were leaving the firm. As a necessity, the firm held an exciting interview. After the
assessment and the analysis of their responses, the firm came up with the following
suggestions to fix.
First and foremost, the firm should develop a proper reward and compensation
plan. One of the employees of the firm has left the firm for low pay. This was after the
employee got better to pay in another company. This insinuates that the firm's pay is not
competitive despite the employees' liking of the environment and workplace practices.
The firm should revise the compensation plan to ensure that the staff gets adequate
salaries that are competitive in the market. Secondly, it is evident that some employees
and managers have poor relationships. This seen as an employee is leaving the firm due to
poor relations with the manager despite loving the stay in the firm. This means that there
are unsolved personal issues in the firm and may lead to termination of employment by
the staff. This means that the management of the firm should work to ensure that they
develop a process and practices to ensure that personal conflicts and resolved and the
managers treat all the employees equally.
MANAGING SEPARATION OR TERMINATION OF EMPLOYMENT 25
References
Belloc, F. (2019). Labor Conflict at the Workplace: Do Dismissal Regulations Matter? (No.
806). Department of Economics, University of Siena.
Fiol, V., Rieppi, L., Aguirre, R., Nozar, M., Gorgoroso, M., Coppola, F., & Briozzo, L.
(2016). The role of medical abortion in the implementation of the law on voluntary
termination of pregnancy in Uruguay. International Journal of Gynecology &
Obstetrics, 134(S1), S12-S15.
FWC.gov.au. (2020). Unlawful termination. Retrieved 13 February 2020, from
https://www.fwc.gov.au/termination-employment/unlawful-termination