IT5104: Professional

Issues in IT
Chapter 04 - Human Resources Issues

OpenArc Campus – BIT Sem V - PIIT

 Selection
Recruitment • Selecting the applicants to

• Soliciting Applications whom offers will be made

• Outsourced to specialized • For a specific post

agencies • By Employer

• Advertising

Recruitment & Selection

2012 – Question 02 - B
One-to-One Interviews • Technical → HR → Managment

Interview by a Panel • Favour applicants who are smooth talkers

Assessment of
• As a final check candidates are who they say they are
References

• Ability tests – Verbal /Numerical Skills(individual's

ability in a general area)
Psychometric tests
• Aptitude tests – IQ(Potential to learn skills for job)
• Personality tests - Characteristics of person, behavior

• Put into a variety of situations where their performance is

observed and assessed by the other participants in the
Situational Assessments
situations
• Situational questions

Task Assessment • Carry out a simple task

2012 – Question 02 - C
Selection Techniques
Nepotism : Choosing cousins, children or other family members

Cronyism : Choosing friends or former colleagues

 Depending on the circumstances of the dismissal it can
be different.

Fair Dismissal

Unfair Dismissal

• Constructive Dismissal

Wrongful Dismissal

2011 – Question 04
DISMISSAL
TERMINATION OF EMPLOYMENT OF WORKMEN
It normally falls to the HR department
to ensure that, when staff are made
redundant or are dismissed, the proper
procedures are followed (fair as well as
lawful).
Failure to follow the proper procedures
can lead to the organisation facing the
embarrassment of actions for unfair
dismissal in an industrial tribunal. This is
bad for an organisation’s image

Responsibility
When your employer brings the contract of employment to
an end.

Ex:
- Your employer ends your employment with or without notice .
- Your employer refuses to take you back after a strike.

COMPENSATION  ???

What is
Resignation
-You resign without any pressure from your employer or leave by
mutual agreement.

Suspension on full pay

- You are suspended to await the outcome of a disciplinary
hearing or investigation

What is NOT
In order for a dismissal to be fair, the reason
for the dismissal must be a fair one and the
dismissal procedure itself must have been
carried out fairly.
If either of these conditions is not satisfied,
an employee can take action in an labor
tribunal alleging unfair dismissal.
If the tribunal finds in favour of the
employee, it will usually order the employer
to pay compensation to the employee who
has been unfairly dismissed.

Fair Dismissal
employer should give the employee a written
statement of why dismissal is being
considered;
the employer must then arrange a meeting at
which both sides can state their case.
Following that meeting, the employer must
inform the employee of the decision.
If it is decided to go ahead and dismiss the
employee, then the employee must be given
the opportunity to appeal

How To in Correct Way

 The prior written consent of the workman and
 appeal meeting

Or

The prior written approval of the Commissioner

of Labor

How To in Correct Way

It is a legal notice.

When the dismissal is to take effect

There should be a dismissal notice period.

Give to employee directly

Not by third party.

 Notice of Dismissal 
 If you think your employment rights were

violated in the dismissal process

Increase of compensation or demanding a

compensation

Labour Tribunal
The amount of compensation awarded
depends very much on the circumstances
of the particular case
A tribunal can also order reinstatement of
the employee, that is, order the employer
to take the employee back. In practice,
tribunals are reluctant to do this. .

Compensation and Reinstate

– Misconduct

•Violence at work and harassment of other employees.

•Refusal to obey a reasonable instruction from the employer.

(breach of health and safety rules)

•Insolence or rudeness, including use of bad language.

(repeatedly even with given warnings)

•Drinking or using/taking drugs during working hour.

Reasons as Justifying Dismissal

– Lack of capability

– Breach of the law (by employee)

• Criminal activity and fighting at work

• Theft at work

– Redundancy

-Breach of the law (by employer)

• Visa expire, work permit expire

Reasons as Justifying Dismissal…

Essentially, dismissal because of
redundancy (retrenchment in the USA)
occurs when employees are dismissed
because the employer no longer needs
people to do their jobs.
In these circumstances, most employees
will be entitled to compensation based on
their age, salary and years of service.

Redundancy
Dismissal for redundancy can easily
become unfair dismissal if individuals are
selected for redundancy in some other
way.
There is a long list of criteria that are not
acceptable in this context, ranging from
participation in trade union activities to
sex, racial or ethnic origin, sexual
orientation, religion, and so on.

Redundancy  Unfair Dismissal

Who can claim for unfair dismissal ?
-  below normal retirement age

What is
- dismissed for a discriminatory reason
- if employer not followed proper dismissal and
disciplinary procedures laid down by law
-Or as a result of transfer of the employer’s business

Unfair Dismissal
It sometimes happens that an employer
behaves towards an employee in such a
way that the employee feels that he or
she has no option but to resign.
This situation is known as constructive
dismissal and can be the subject of unfair
dismissal proceedings.

Constructive Dismissal
This happens when your employer makes it impossible for you to
carry on working . So you resign under the pressure from your
employer.

Your work and responsibility is being given to other people by

ignoring you. Cutting your pay and changing your working
conditions.

Self dismissal : An employer may argue that you have dismissed

yourself by behaving in a way that brings the contract to an end.
- AWOL

• Constructive Dismissal
E.g.1: The employer moves an
employee’s place of work to somewhere
400 km away, at short notice and without
consultation.
E.g. 2: The employer requires someone
who was employed as an accountant to
spend their time acting as a receptionist.

Constructive Dismissal
  Not give you the dismissal notice prior
And
(Not paying compensation or Not paying right amount of
compensation)

•Breach of the contract of employment by the employer

•Retaliation (being fired for being a whistle blower or complaining,
or for not being willing to commit an illegal act when asked to by an
employer)

Wrongful Dismissal
Reference :

http://hrsrilanka.lk

http://www.employers.lk

Sri Lanka Labour Legislations