1.      Read and analyse the Case Study – Sam’s Termination (Appendix).

       2.      Prepare a report that outlines and discusses:

                          a.       the reasons the organisation lost its unfair dismissal case with Fair Work Australia

                          b.       what the organisation should have been doing for it to have successfully defended its position against Sam’s claim of unfair dismissal.

                          c.       what would have been the correct way to terminate Sam in accordance with legal and organisational requirements.

       3.      You should incorporate the following into your report.

                          a.       A risk analysis of the case and strategies to mitigate future risks should similar situations arise.

                          b.       Using examples from the case study, describe the conditions under which misconduct and serious misconduct may be deemed to exist.

                          c.       List any legislation that applies to the situation presented in the case study.

                          d.       Develop policies and procedures that an organisation would need to implement to avoid a similar situation occurring and to ensure that disciplinary hearings and terminations are considered to be fair and reasonable. This should be based on relevant legislation.

                          e.       Outline what documents would need to be developed for the organisation to evidence that it has implemented a process to support non-performing employees.

                           f.       Using the case study as an example, describe how all steps of the performance review process and disciplinary hearing process (given to you by Rob) should have been performed as per legal requirements and the organisational policies you have developed, including:

                                              i.       what should have been done at each stage

                                             ii.       when and where assistance from HR specialists would have been appropriate

                                             iii.      what support services could have been deployed in Sam’s case

                                            iv.      what documentation would have been appropriate at each stage.

You must provide:

●      a written report that outlines and discusses:

â—‹     the reasons the organisation lost its unfair dismissal case with Fair Work Australia

â—‹     what the organisation should have been doing for it to have successfully defended its position against Sam’s claim of unfair dismissal

â—‹     what would have been the correct way to terminate Sam in accordance with legal and organisational requirements.

Your assessor will be looking for:

●      a risk analysis of the case and strategies to mitigate future risks should similar situations arise

●      description of the conditions under which misconduct and serious misconduct may be deemed to exist in the case study

●      a list of any legislation that applies to the situation presented in the case study

●      development of policies and procedures that an organisation would need to implement to avoid a similar situation occurring and to ensure that disciplinary hearings and terminations are considered to be fair and reasonable, based on relevant legislation

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