Assessment 3

Manage people performance (REPORT)

sams case reflection:

Sam is a programmer in a small security company. sam is a

diligent worker, however the organization started working on a new programming language and
she is not familiar with it. she has missed a couple of deadlines on a project , misbehaves with
her superior. This is a problem for the organization because of her poor performance and
behavioral issues. when she has been called in the office for discussion about the delay in the
project she misbehaved physically by striking me .she did not turn up to work from next day and
she just sent the medically sick notification via her doctor. we had a meeting with HRM and
terminated her for her misconduct. As she received the termination letter she went to
AIRC( Australian Industrial Relation Commission) and filed case against us with a base of unfair
dismissal. At the end we lost case and had to pay the compensation. this report will prevent our
company from this sorts of problem in the future.

sams performance status:

sam has been submitting her project late and behaving violently also did serious misconducts.
she has not been well adapted with the new software that our security company has bought. she
struck me (her manager)while I was discussing about her performance issue in the office. it was
her serious misconduct.
legislation applied to this case:
Workplace Relations Act(1996)
Workplace Health & Safety Act(1995)
Awards/Enterprise Bargaining Agreements/Union Collective Agreements.

We did not have any specific policy and procedure till date when this incident happened and we
lost this case. we held meeting for several times about sams issue but we couldnt provide
sufficient evidence because we did not keep minute of those meetings and didnt send any formal
notification or document. The reason for loosing this case were seriously evaluated and we made
a conclusion that we need to have the company policy and procedure that compiles the current
government legislation regarding workplace and which will help our employees to perform better
in the future.

Policies and procedures that organization needs to implement:

We have to implement certain kind of policies and procedures to ensure that this kind of unlikely
event does not occur in the organization again. Rob has suggested an outline that would make
our people performance review system more easy and efficient. I decide to follow Robs
suggestion. He suggests the following outline.
A. For Performance Review of staff
Events

The process to be followed in order

Misconduct
Scheduled
Review
Poor
Performanc
e

Organiz
e
meeting

Prepare
for
Appraisal

Conduct
Appraisal

Document
outcomes

Schedule Followup

B. Disciplinary Hearings:

If Major
referral to
police
Misconduct Investigation
Initiated

Employee
Investigatio
stood down n Outcomes
Reported

Disciplin
e Applied

End of
Issue

If not major

The things our organization should have done to evidence that it has implemented process to
support non-performing employees are:
1. It should have prepared documents for each stage of meetings regarding performance of
Sam
2. It should have documented her delay in work performance
3. It should have documented that she was given time to learn the new software and she was
trained for it as well.

Using Sams case as an example we can find out many mistakes that organization have done
regarding documentation process. the documents that should have been prepared in this case in
each stages are:
1. Sam should have been given written warning letters when she behaved her manager
rudely and yelled at her.
2. They should have made a staff performance file in which it should be noted about her
performance issues. If she was delay at her projects she should have been reported in
written form or via emails.
3. she should have been given written information about her delay in projects and the loss
she has been causing to the company.
4. When she was not performing well her manager and human resource manager conducted
meeting, it should have been filed.
Regarding her serious misconducts:
1. She should have been notified to police.
2. The meeting that her manager and human resource manager had was supposed to be in
written form, and minutes had to be made.
3. Assistance from HR should have been taken as soon as her misbehaving habit was
initiated.
4. She should have been counseled in first place when she was being rude and angry.

This case study has been really important to show the human behavior that occurs in an
organization. It has been proven that we have to document each and every event that takes place
in an organization regarding people performance. This will easy to solve any kind of legal
complications that can occur which would probably harm the organization.