Termination And Separation: Policies And Procedures Essay.

Features of system of separation

The topic that being covered in these four tasks are dealing with the redeployment, resignation, termination and redundancy which include the conduct of exit interviews. The responsibility is with those individuals who manages the voluntary and involuntary termination of employment. The assignment covers the policies and procedures for separation and how they can manage the process of termination with exit interview process. Based on the case study a report has been made in order to advice how a manager can cope up with the situation and be fair to all parties included.

The organization chosen for the assignment Google Inc., for which the policies or procedural manual for the process of termination. The existing termination process in the organization has set code of conducts that needs to be followed and based on these code of conducts of the organization the policies are being developed. In order to understand the best practice system of termination policies it requires to develop some appropriate policies for termination that ensures legal requirements, improves the quality of activities include in termination, grounds of dismissal, redundancy, voluntary termination.

Google Inc. has formed a commission which is an independent body carries functions regarding fair treatment at the workplace and equity for the personnel in spite of their position. The commission ensures that the safety is provided at the work place, provides facility in good faith while making enterprise agreements with the employees, it deals well with the unfair dismissal and regulates the action taken by industries while resolving the issues or disputes arise at the workplace. The termination policy of Google Inc. is quite rigid in nature, company believes in direct termination if any misconduct is found from the side of employee. Though they give written warning and chance to employee to respond appropriately for the misconduct done. Their provisions are relevant to the legal framework and workplace agreements which ensures that the termination took place with the compliance of legal requirements. Main feature of their system of separation is rigidness in nature and strict action at the point of incidence only.

The termination process of Google Inc. needs an improvement to ensure that the parties involves in the activity or issue must get a fair treatment and equity while making decisions. A proper process must be followed regarding termination of an employee because en employee and employer relationship is necessary at workplace if both are satisfied with the work and environment or other policies only then employee will perform well out of his capability. In order to improve the quality of termination activities Google Inc. can implement the process explained here under:

• Managers or other expertise must identify the current practices that what policies are followed by the organization and then they are being evaluated as what changes are required in the current policies.
• A support should be obtained from superior managers in relation to termination policies.
• Those policies and procedures must be communicated well with the documents as evidence to the appropriate party.
• Managers or directors or HR consultants who so ever is responsible for terminating employee must give warnings as possible and on the earliest convenience.
• In the next phase it should be consulted with the union in order to establish the basis of selection.
• While deciding the basis of selection, length of the service, the efficiency, years of experience and overall record of attendance. It is suggested that the subjective opinions are of less significance as compare to staff records which are of more reliability.
• After choosing the basis a fair selection is made within the alignment of basis chosen.
• If nothing works as such then availability of another employment is considered (Policy.usq.edu.au, 2017).

This whole planning of implementing process to develop or improve the quality of activities in termination and separation will work for good for the organization like Google Inc. who is known for its strict actions against misconducts done by their employees and terminate them on the first place (Kiely, Hor and Keats, 2016).

Separation is a situation where comes a time when the service agreement of an employee in the organization is about to end. There are varied reasons to move out an employee from an organization they may be suspension, dismissal, retirement, resignation or layoff. These are explained briefly here under:

Implement processes to develop termination activities

Retirement- It is counted as one of the cause of separation of employees and it is well-defined as a termination of service when the employee reach a stage of superannuation. Retirement is of two types one is compulsory retirement and other is voluntary retirement. In compulsory retirement when employees reach the stage of superannuation they are retired by the company but in few cases an employee’s expertise and skill is found to be limited then company can call the employee again in the organization. Whereas in voluntary retirement the employee has given an option to retire before attaining the stage of superannuation and it comes under a scheme known as voluntary retirement scheme.

Resignation- It is a termination of service where employee serves a notice to organization called as resignation. A resignation also may be of voluntary or involuntary. When employee decides by their own choice to resign on many grounds is known as voluntary resignation. Involuntary resignation is defined as when the employer show the way to resign due to indiscipline or slack behavior by employee at the workplace. In some organizations the separation of employees in terms of resignation, retirement and death comes under attrition.

Layoff- When the situations are not within the control of employer for example, machine breakdown, changes in demand depending on the seasons, shortage of raw material, power and more which leads to separation of employee and known as layoff.

Retrenchment- It is a permanent termination of the services of an employee and the reasons behind such termination is economy. When the staff is in surplus but the demand for the product is poor or there is a general slowdown in economy then the organization has to fire employee and such termination is called as retrenchment.

Dismissal- It is a termination of service on account of some misconduct or unsatisfactory performance by employee. Even after giving warnings if employee fails to perform as per the standards of performance set by organization and violation of rules with an intention to do so invite a drastic step of dismissal (Whatishumanresource.com, 2017).

There is a specific well designed procedure which sets the grounds for dismissal, suspension, voluntary termination, retirement or redundancy so that a proper line of process is followed while decision or process of termination take place. Some basic management and interpersonal rules should be keep in mind to avoid any discrepancies. A better layout should be grounded in order to improve the quality of termination activities. The procedure is drafted in accordance with the Code of Good Practice. This sections contains fair grounds of dismissal or termination, as misconduct in law term is known as a ground for terminating employee contract in an organization. The disciplinary procedure consists of giving warnings first for minor misdemeanors verbally and written warnings for continuous misconducts by particular employee and later a final warning for a misconduct which happen to be persistent. Proper investigation should be conducted to get the support of documents and evidences to prove a misconduct happened. After giving such warnings and make aware the employees or other workers of the misconduct happening at the workplace, legal procedure should get started if employee continue with the misconduct and a notice must be issued to employee and other parties involved. The whole procedure ensures a fair dismissal comes under the light of Code of Good Practice (Taplin, and Lacey, 2016).

Types of Separations

An unfair dismissal defined as a harsh, unreasonable or unjust dismissal of an employee from the organization. This may be the reason of dismissal or why is it happened. On the other hand when the employee is not given a proper notice or payment as required and fired for biased reasons.

The records of evidence of policies and procedures must be kept at each stage of the development process in compliance of manual. The policy and procedure is a corporate record which is essential to provide evidence of documents for information to employees and management. The accountability is of manager who will be responsible that these policies and procedures are notified and approved and all the documents which are necessary will be transferred to record keeping department.

• The functions of management are divided into various categories that are planning, organizing, staffing, leading and controlling. With a combination of other functions as well, in order to make aware the employees of their rights and responsibilities related to their work profile and functions of managers can be performed only with an effective communication practices by creating smooth flow of information channels and conduct meetings, managers can find ways to get the solicit feedback. By way of conducting meeting with the staff members, a face to face communication to make the staff aware about their responsibilities and rights. Also a manual can be provided to employees to make sure that they go through all guidelines (Savitz, and Weber, 2013).
• The expertise and skill set required for terminating an employee is a professionalism in Human Resource or a manager in small business. A proper preparation and training is needed to ensure that termination or separations are handled in a skillful way for the better outcomes and for both the parties, employee and company. The departure of employee should be treated with respect, honesty and dignity with the appropriate reasons and supported documents for a better and fair decision making. Confidentiality must be maintained by keeping the meetings private and a process must be followed to handle even critical situation or conflict like a pro (Hrcouncil.ca, 2017).
• The staff members who must be involved in the process of termination are two members of the management team at the time of termination meeting, the second manager will act as a witness, employee’s supervisor and head of department where employee works.

There are number of ways where employee relationship can be ended depending upon the circumstances and human resource staff describe it in various terms which can be used interchangeably. An employee separation and termination are two different phrases that are used in situations based on the reason of an employee leaving a particular job. An HR practitioner defines separation as the process where employee has been informed of his termination, complete the paperwork and other formalities. Whereas termination is done when employee is at fault and there is a small responsibility that the employee may be hired back.

Being an HR consultant, the advice regarding the case will be a keen knowledge and getting the facts, proofs and statements clear from each party present at the site. To manage termination in the given case study there are principles that needs to be implement in the process of separation and termination. As HR consultant works on the purpose in supporting the organizational strategies and achievement of goals. When it comes to manage people and the activities they carry within the judicial framework and focus on fairness and equity in their decisions. An HR practitioner is able to perform activities that are human resource planning, develop plans to meet the needs of workers, provide a perfect human resource to organization and look over the issues occur and activities done by employees by performing an HR services. The management system of HR in terms of termination of employees must be in accordance with the management formula. The accountability of HR department in raising the issues regard to separation and termination policies of an organization is of much significance. In some organization the accountability is divided with the departmental manager and HR manager and this shared accountability between both is effective and in compliance with legal provisions involved in separation and termination of employees (FWC Main Site, 2017).

• Acting as a consultant, HR must be involved in developing and managing the organizational goals and strategies which includes the policies regarding separation and termination which will be effectively communicated to the managers.
• While acting as a consultant HR must encourage and support with the issues in human resource department and make decisions in aspect of the business.
• Consultant must be aware of the rights in relation to the termination.
• Prepare policies and procedures with the documents who support the various forms of separation/termination and maintain confidentiality while carrying any such activity.
• Advice divisional department and other managers to sort the issues arising from workforce in context with resignation, termination and absconding. HR ensures a fair treatment to all the parties involves in the issue (Kavanagh, and Johnson, 2017).
• A correct procedure must be followed which includes the information necessary that will be provided to the employee whose is being terminated and the managing director also.
• The procedure must include the whole process of termination consists of getting proper evidence on whose behalf the managing director make decision to terminate a certain employee, it must be in compliance with the legal requirements of termination, time limit for the whole process will be mentioned.
• In the said case, HR must ensure the whole scene and get into the details, facts and situations to take decision and support Geoff by providing the evidences and proofs so that a fair treatment is given to employee as well as the managing director.
• A chance must be given to employee in order to hear out his side of the story and record his statement, based on the statement given by employee the decisions and suggestions will be provided to the director so that fairness and equity will be maintained (Alphabet Investor Relations, 2017).

In the given case, where the managing director found Ms. M an employee spending too much time with the customers that other client wait for long for their drinks and later found out a coin bag was moved by M which was spotted in the video footage in the cctv by Geoff the managing director of the hotel where Ms. M is working as a bar tender. Based on the footage and the baggy attitude observed by Geoff wanted to dismiss M for her misconduct and such attitude at her job place. The bar manager in the hotel had a discussion regarding the matter with managing director thinks that the decision is being taken by Geoff must be given a second thought to it and shouldn’t make any hurry to directly terminate the employee. Now being an HR consultant it is to be advised that Geoff must follow a certain procedure before taking the harsh decision of terminating employee on the spot (Bizfilings, 2017). There are principles that need to be implemented in the process of termination in this case and consultant need to ensure that the process will be followed strictly within the compliance of legal framework and organizational goals. The principles to be considered are:

• The policies must be formed for separation and termination and distinguish the status of employment in the organization and provide the basis for making decisions regarding termination of employee.
• The legal obligations must be considered in the process of termination and the legal framework consists of Commonwealth law, State law and other laws related to tribunals.
• The process must be in alignment with the organization and the way it operates, its objectives and lastly with the human resource requirements.
• This process includes procedure to be followed while making decision for termination, all the parties involved in the process must go with the line of procedure set in an organization.
• HR consultant must form a communication channel through which employee and other superiors can sort out the issue arise while maintaining confidentiality in the matter.
• Proper documentation and evidences must be kept in support of the issue arise so that fairness and equity can be maintained in every aspect and persons involve must be satisfied with the ultimate decision.

Outlining procedures

In the following case, being a HR consultant it is advised that Geoff must look into the matter thoroughly and follow the procedure of termination/separation. He must give a chance to employee after discussing with the bar manager to hear out from employee side regarding her slack behavior at the workplace and the missing coin bag which was seen in the footage. Instead what he did was made decision hurriedly even after bar manager advised him to give a second thought.

What Geoff can do is collect those evidences and document them in a manner that can easily be assessed. After acquiring all evidences the director must call employee and confront her in the first instance, ask her the required questions in context with the issue that has been arise due to her slack attitude and handling client in bar. Make aware about the complaint made against her ask for the explanation. After hearing out the explanation made by employee it should be discussed with other personnel involve in the whole act. If the employee found out to be the culprit she must be warned at the first fault and then it is to be consulted with the union which has been established for the criteria of selection of employees. A fair selection will be made after re-evaluating the statements and evidences against or in favor of the employee and consider the best alternative for the same. If employee is found out to be at fault after applying all the policies and procedures then decision for termination can be taken and the process can be started (Cabrelli, 2016).

While starting up the process things that need to be considered are proper documentation, legal formalities, the tenure of the employee, experience and outcomes must be made. All the work will be in compliance with the company’s legal framework, the letter will be issued to employee for the termination and the reason for the termination is to be mentioned there in clearly, the benefits which the employee deserve of within the work period of the employee must be given without any doubt. All the work done will be carried with the alignment of organization’s goals and their image. HR consultant will ensure that the employee relationship has been ended with all the formalities done properly and make aware other employee of the incident happen that they should not repeat the same. The fairness, equity to all parties involved in the act have been maintained if this advice will be followed by the managing director Geoff and handled the whole case with expertise and confidentiality is maintained while doing so.

A counselling plan is made where it ensures that the employees understand clearly the standards required for the performance and advise employee reading the issues where employees do have the opportunity to respond on it in an appropriate way, a time limit to address the situation including remedial actions within the assistance of management. Providing warning and held termination interviews, with the given case study above how Geoff would manage and construct the termination interview for Ms. M.

A detail counselling plan is made to describe the process when employee needs to be dismissed. If the misconduct is found out to be serious then there is an instant termination for the situation without following any further process. The steps which includes in the counselling plan are:

• Performance are identified in instance with unsatisfactory or satisfactory;
• Plan set for improving the performances;
• Evaluation of improvement requirements if the employee fails to match up with it;
• A counselling discussion is carried on with employee and a written first warning is given.
• Plan set for further improvement in performances;
• Evaluation of performances is carried to see if the improvement requirements are met and failure to do so lead to termination;
• A counselling discussion is held in order to give second warning in written.
• Performance plan set to see the improvisation.
• Evaluation on the improved performances with the set standard of requirements and failure will lead to termination;
• A detailed counselling session is being held to give third warning in written and it can be said that final warning is given after discussing it with the employee and committee who were present in the counselling session.
• Performance improvement plan has been made;
• Screening or evaluation on the performance by employee after the last warning given will be compared with set standards and if the employee fails to match up with the improvement requirements it will result in termination without any further discussion with nay of the party (Capital, 2017).

The whole plan includes the setting up the objectives, monitor the performances, measure the actual performance, evaluate with the set standard of performance and lastly counselling which provides a basic format for the whole process of termination.

The counselling plan ensures the expected standards of performance to clear out what an employee is expected to perform. And if the performance is not achieved by the employee according to the standard requirement then the process commences of dismissal and warnings given in written, later the progress is measured from the past performances and the feedback is provided. While discussion with the employee an opportunity is given to respond appropriately. In the given case study, the managing director Geoff will construct the plan mentioned above and follow the process defined by giving warning in written to employee Ms. M and should be given an opportunity to hear employee side of story. The whole situation must be discussed with parties involved therein and then conduct termination interview.

References

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Cabrelli, D., 2016. Employment Law in Context. Oxford University Press.

Capital, H. (2017). Best practice guide to termination. HR Online. Available at: https://www.hcamag.com/hr-news/best-practice-guide-to-termination-190639.aspx [Accessed 20 Nov. 2017].

FWC Main Site. (2017). How the Commission works. Available at: https://www.fwc.gov.au/disputes-at-work/how-the-commission-works [Accessed 20 Nov. 2017].

Hrcouncil.ca. (2017). Termination of the employment of an employee | Keeping the Right People | HR Toolkit | hrcouncil.ca. Available at: https://hrcouncil.ca/hr-toolkit/keeping-people-termination.cfm [Accessed 24 Nov. 2017].

Kavanagh, M.J. and Johnson, R.D. eds., 2017. Human resource information systems: Basics, applications, and future directions. Sage Publications.

Kiely, P., Hor, J. and Keats, L. (2016). Termination of employment.

Policy.usq.edu.au. (2017). Termination of Employment Procedure. Available at: https://policy.usq.edu.au/documents/13458PL [Accessed 20 Nov. 2017].

Savitz, A. and Weber, K., 2013. Talent, transformation, and the triple bottom line: How companies can leverage human resources to achieve sustainable growth. John Wiley & Sons.

Taplin, L.J. and Lacey, M.Y., 2016. Ending a peak work experience: The impacts of sudden termination. Journal of Behavioral and Applied Management, 3(2).

Whatishumanresource.com. (2017). Employee separations - Human Resource l Concepts l Topics l Definitions l Labour Laws.  Available at: https://www.whatishumanresource.com/employee-separations [Accessed 20 Nov. 2017].