BSBMGT502B Webinar 2

Topics: Human resources, Human resource management, Management Pages: 9 (1265 words) Published: May 13, 2015
Assessment 3

Case Study – BSBMGT502B
This is Assessment 3 for this Unit
In this Webinar we will cover:
 The situation that happened leading up to the dismissal
of Sam
 The unfair dismissal claim
 Discussion on the judgement
 What could have been done to avoid the situation
 What should be done in the future to avoid such a

 Sam (Samantha) is a programmer.
 She has missed deadlines.
 She is not familiar with the new programming language.
 As Sam’s manager you have been managing her more

 In a meeting with Sam to discuss her not meeting her
latest deadline she:
 Physically struck you,
 walked out of the office, and
 has not returned.

Summary (continued)
 Sam contacted her Doctor after the meeting and was

given a sick leave certificate for 7 days.
 This was sent to the HR Dept. and Sam called and verified receipt.
 3 days after your meeting with Sam you advised your
Supervisor that Sam had struck you and had reported ill.
 Meeting with HR held and Sam was dismissed.
 Sam filed for unfair dismissal with the AIRC (now Fair
Work Australia).
 Sam’s claim for unfair dismissal was found true by AIRC.

Reasons given by AIRC
 The employer failed to follow a formal disciplinary

 There was no impartial investigation carried out.
 There were no records of any notes provided by the
employer to back the claims that there had been
meetings and reviews. The only written evidence
produced was the termination letter.
 The original version of the medical certificate was not
produced in the hearing by the company.

Reasons given by AIRC (continued)
 Sam produced a verified copy of her medical certificate in

the hearing along with email evidence from the Human
Resources department confirming that the medical
certificate had been received by the organisation and
entered into its files.
 No documented evidence of any meetings, coaching
sessions had been kept by the employer.
 No performance management review or development
plans were presented by the employer.

Reasons given by AIRC (continued)
 There were no copies of signed agreements reviewing

Sam’s progress (performance reviews and development
plans) submitted by the employer.
 No written documents outlining timelines were given for
monitoring or reviewing Sam’s progress were submitted
by the employer.
 No formal disciplinary hearings had taken place prior to Sam’s dismissal.
 Sam was not formally stood down while an investigation
was carried out.

Reasons given by AIRC (continued)
 There was no physical evidence to support the serious

misconduct claim that the manager has been struck as no
witnesses were called to verify whether an attack had
taken place.
 No senior managers or Human Resource department
specialists were present in any meeting where Sam was
being warned of poor performance.

Reasons given by AIRC (continued)
 There was no evidence to support the claim of

misconduct by Sam. The manager had not documented
any written warnings in Sam’s file. The only agreements
that had been reached between Sam and the manager
were verbal.
 Sam was awarded costs of approximately $5000 for lost
salary and wages and a further $5,000 for emotional

 Rob (Senior Human Resources Manager) wants a written

report on his desk giving the background and reasons
why the decision went in Sam’s favour against the
 Rob would like to see a completed risk assessment
 areas that the organisation needs to address and

implement in order to prevent this type of situation
occurring again
 report will guide whether the organisation will pursue an appeal.

Follow-up (continued)
Based on the findings of your report, Rob decides not to
proceed with an appeal but to develop and implement a
new Performance Management System.
 Rob recommends that the organisation follow...
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