Manage People Performance
Sam is a programmer at a small security company. she had been given a termination letter about her poor performance and some serious problem. But she has successfully defended her positions against the unfair dismissal case in the hearing against the companies. Sam won the case because she has given all formal document which is request by hearing.
From the case study ,we find that : company did not have formal disciplinary procedure. We can see company did not follow the formal process like performance management review and performance development plan. These can be considering as a serious fault and unhealthy situation for a company to operate without a formal disciplinary process against the misconduct employee.
Company did not have any formal record about Sam's case, this can be a high risk in running a company . After go through this issue, the company has realized that the first priority in this case would be creating a new disciplinary process, which include; AIRC Legislations, internal policies and procedures has to be enforced as soon as possible.
Reasons as to why the organization lost its case
➢ Did not have a formal disciplinary process to follow.
➢ No formal record and taken notes in any form of activities / disciplinary process, which include; meeting and performance reviews.
➢ Company produced no original version of medical certificate in the hearing.
➢ Sam has provide evidences to support her, which include; verified medical certificate and email evidence from HR conforming that the medical certificate has been received by company and enter into its files.
➢ Sam has a staff files show that there have been no verbal or written warnings recorded against her.
➢ Employer provided no formal performance management review and development plans. Therefore, no written documents outlining timelines for monitoring or performance review and nothing signed agreement...