Critical Analysis

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1. Critical Analysis of the case 1.1. Why organisation lost case The organisation lost the case as it had failed to follow a number of disciplinary processes and for those that it did follow there was no evidence to support the fact. 1.1.1. No formal disciplinary process followed There is no record of any verbal or written warnings given to Sam even though she had previously missed deadlines. 1.1.2. No impartial investigation The decision to dismiss Sam was made by without an investigation been undertaken. Sam had no opportunity to provide her side of the story as she was not involved in the decision to dismiss her. 1.1.3. No written evidence Meetings , Reviews and Coaching Even though there were informal meeting s and coaching with Sam there was no record of these. Performance Management Review/Development Plan There was no documented Performance Management Review or Development Plan in place and there was no timeline specified. 1.1.4. No physical evidence or witnesses of misconduct claim The case of serious misconduct was only reported three days after it happened. As the misconduct was reported a significant period of time after the fact, there was no physical evidence present to support the accusation. There was also no one present at the meeting to witness the misconduct. 1.2. Strategies to mitigate future situations  All meetings and coaching sessions should be documented.  A representative from Human Resources should be present at all meetings that involve poor performance  All development plans should be structured, documented and have set timeframes  Any form of misconduct should be reported immediately and then impartially investigated  Legal advice should be sought before any dismissals to check that all relevant legislations have been followed 2. When misconduct and serious misconduct exist

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