BSBHRM512A_BUS Presentation 3
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Transcript of BSBHRM512A_BUS Presentation 3
PRESENTATION OBJECTIVES
At the end of this presentation you will be able to:
• Understand how performance-management processes are
implemented
• Evaluate progress and performance
• Be aware of legislation and regulation
• Recognise the diverse issues and to know when counselling and
discipline come into consideration
• Know the terminating employment rules
• Record outcomes
PERFORMANCE-MANAGEMENT TRAINING
Where certain competencies/performance indicators are consistently
being poorly met or unmet, a performance or skills gap exists
Identifying gaps is known as skills gap analysis or performance gap
analysis and managers need to be trained in carrying them out
Skills gaps can occur as a result of poor
• Selection processes and job specifications and descriptions
• Induction or training programs that result in employees not being
given the information needed to do their jobs
This leads to job dissatisfaction and stress
May lead to employees seeking employment elsewhere, thus
worsening the organisation's skills gap
PERFORMANCE MANAGEMENT PROCESS TRAININGSkills gaps are becoming an increasingly serious problem across all industries
and across the globe as a result of:
• Rapid changes in technology
• Constant introduction of new
industries and products
• Extended periods of strong economic
growth
• Increasing use of casual and part-
time employees
• An ageing workforce and negative
birth rate
• Increasingly competitive job market
• Low levels of unemployment
• Job seekers’ lack of interest in
particular industries
• Changes in the number of people
entering and completing training
• Increasing interest in skilled workers
from international organisations who
can afford to pay workers more
PERFORMANCE MANAGEMENT PROCESS TRAINING
Þ Skills development has become a priority for most organisations
Employers need to ascertain the amount and types of training required to
ensure all employees have the right knowledge, skills and attitudes to perform
the jobs they do and to meet organisational needs and objectives
Gap Analysis Process:
Identify organisation’s
needs/objectives
Identify competencies needed
Identify standards
Assess current skills
Determine skills/perfo
rmance gap
Develop learning
programs1 2 3 4 5 6
Performance appraisal documentation is the ideal basis for a skills/performance gap analysis, as they provide all the information required by steps two, three and four.
PERFORMANCE MANAGEMENT PROCESS TRAINING
Once a skills/performance gap analysis has been carried out,
organisations can:
• Create a report that details the overall training needs for the
organisation
• Develop a budget for investment in learning and training
• Prioritise the learning needs identified (some gaps in knowledge,
skills and attitudes will be more urgent than others)
• Develop learning and training plans to address gaps (these plans
will outline what needs to be learnt and the most appropriate
methods for delivering learning)
PERFORMANCE MONITORING AND INTERVENTION
Performance-management systems consist of more than formal appraisals
they consist of ongoing feedback and evaluations to guide and support
employees = progress is monitored, training and development is supported
and communication is improved
Regular evaluations clarify and reinforce information, procedures and diverse
expectations. They allow the manager to discuss the employee’s progress
since the last review
Ongoing feedback technique ‘Management by walking around’
Managers should keep feedback specific with clear examples of recent
behaviour. It is destructive to bring up past behaviour and grievances.
Managers should deal with the current situation
For more details, refer to this chapter in the eBook
PERFORMANCE MONITORING AND INTERVENTION
Legislation and Regulations
Managers involved in performance-management need to be aware of
legislation relevant to performance-management functions. They need to
know both the principles involved in the laws and the technical aspects of their
application.
Legislation is a set of rules, regulations or guidelines passed by an act of
parliament. Legislation that might be applicable includes:
• Legislation dealing with discrimination
• Human rights legislation
• Fair work legislation
• Privacy legislation
• Legislation dealing with health and safety
PERFORMANCE MONITORING AND INTERVENTION
The framework of laws governing performance-management is becoming
increasingly complex, particularly those laws that relate to addressing poor
employee performance.
Employees have more and more legal options to challenge or dispute negative
treatment they might encounter in the performance-management process.
=> Managers involved in performance-management need to understand the
legal framework in which they are operating to avoid or defend a disciplinary
sanction in a court or tribunal proceeding
EMPLOYEE CONTRACTS
Legal contracts that include provisions relating to:
• The employee’s duties and responsibilities
• Codes of conduct that employees are required to comply with
• Organisational policies that employees need to observe
• The grounds upon which an employer can terminate without notice
• The period of notice that an employee needs to be given when
employment is terminated with notice
• How and when an employee’s performance will be appraised or reviewed
• How the employee will be renumerated for their work
PERFORMANCE MONITORING AND INTERVENTION
Health and Safety Legislation
Under health and safety legislation, employers have a duty to ensure that
employees' working environments are safe and pose no threats to their health.
Under this legislation, risks to health and safety include bullying and violence
in the workplace.
Managers should be careful not to:
• Verbally abuse employees
• Exclude or isolate employees
• Give employees impossible tasks or assignments
• Harass employees, psychologically or otherwise
• Intimidate employees
• Intentionally withhold information that is vital for effective work performance
• Assign meaningless tasks to employees their job
PERFORMANCE MONITORING AND INTERVENTION
Anti-discrimination Legislation
Managers need to ensure that the performance-management process does not
contravene anti-discrimination legislation.
Employers and managers are considered to be acting in a discriminatory
manner if they impose an employment condition that:
• An employee with a particular attribute cannot comply with
• A higher percentage of people without an attribute can comply with
• A higher percentage of people with a different attribute can comply with
• Is universally applied and that people with an impairment or a disability
cannot meet (e.g. a person who is suffering from an anxiety might not be
able to meet requirements to attend meetings)
• Is unreasonable
PERFORMANCE MONITORING AND INTERVENTION
Unfair Dismissal Legislation
• If managers decide that an employee's performance is so poor as to
necessitate dismissal, they must be aware of the requirements and
possible consequences of dismissal under unfair dismissal laws
• The primary piece of legislation relating to unfair dismissal is the Fair Work
Act 2009 (Cwlth)
• Under this legislation, employees can claim their dismissal was harsh,
unjust or unreasonable, was not a case of genuine redundancy or the
dismissal was not consistent with the Small Business Fair Dismissal Code
• Unlawful dismissals are primarily based on discrimination grounds and
notice periods
PERFORMANCE MONITORING AND INTERVENTION
Determinations about unfair dismissals will be based on:
Whether there was a valid reason for the
dismissal
Whether the employee was notified of the
reason for dismissal and given the opportunity to
respond
If the dismissal related to unsatisfactory by the
employee, whether the employee was warned
about that prior to dismissal
The degree to which the size of the employers’
organisation might impact on the
procedures
Any other matter that Fair Work Australia considers relevant
COUNSELLING AND DISCIPLINE
Underperformers exist in almost all organisations. They might fail to meet
organisational expectations, do the minimum to get by, be uncooperative,
have a negative outlook, fail to concentrate or be easily distracted, take
excessive sick leave or frequently be late, or be problematic in some other
way. They can be identified via appraisals.
Each organisation will have its own policies and procedures for dealing with
underperformers. However, most organisations will agree that it is better to try
to bring the employee's performance up to the required standard, rather than
terminating them and going through the recruitment and hiring process again.
It is in their best interest to retain employees wherever possible.
How? - Private meeting with the underperforming employee
- Tell what it is being done and what needs to be done
- Explanation from the employee
COUNSELLING AND DISCIPLINE
Exactly how to deal with underperformers varies according to the individual.
why are they underperforming? Personal issues, work , financial problems,
marital issues, illness?
These issues might be transitory and might resolve themselves quickly. If so:
• Cut them some slack for a short period of time, particularly if they have
been reliable/high-performing workers
• Look at change work duties and responsibilities, reducing their workload,
giving less stressful or less difficult tasks
Employee Assistance Programs (EAPs) help employees deal with problems that
might negatively affect their work performance health, and wellbeing
Often, employees underperform because they are not suited to their job tor
they do not have the necessary skills to do their job, if so they may need to be
moved into another position within the organisation
COUNSELLING AND DISCIPLINE
Causes of poor performance can be identified
Why is there poor performance?
For an employee to effectively meet performance requirements of a
position, it is necessary that the employee is competent in the tasks
required.
Competence is defined as:
Being able to carry out the work tasks required
• To the standard required
• Under the specific work-related conditions of the workplace
COUNSELLING AND DISCIPLINE
To develop competence in an employee, three learning components
need to have been satisfied during training and employees need to
prove their ability to complete tasks as part of an assessment
• Cognitive learning- a person's ability to retain and recall information and to understand facts and concepts
Knowledge
• Psychomotor learning - based on muscle reaction to impulses from the brain and identified with a physical action of some type
Skill
• Affective learning – shapes our willingness to do something, based on our motivations and how we view the world around us
Attitude
COUNSELLING AND DISCIPLINEIf an employee does not have necessary competence, knowledge, skills
or attitude to do the job, efforts need to be made to give the employee
the chance to acquire those skills.
An Employee Development Plan should be drawn up it should contain:
• Areas of current job performance that require attention
• Development objectives
• The means by which progress towards the objectives will be measured
• An action plan (steps: training, coaching, mentoring)
• Resources to be used
• Timetable for the steps referred above
• An agreement as to how progress will be monitored
• Comments by the employee
• Comments by the appraiser/manager/supervisor of the plan
• An agreed time for review of the plan and employee performance/progress
COUNSELLING AND DISCIPLINE
If, once all possible assistance has been given to the employee, and the
employee's performance still does not improve, then it will be
necessary to institute progressive discipline. This may be different
across organisations, however most discipline dismissal processes
require managers to work through stages:
Stage 1: Manager and employee work together to determine what
needs to be done. Verbal warning and documented in writing
Stage 2: If no sufficient improvement, written warning is done and
employee is on notice
Stage 3: If employee’s performance is still not improved, should be
given a final warning
Stage 4: If after these last 3 stages, performance still not improved,
employee’s employment will terminate with explanation
DISPUTE-RESOLUTION PROCESSES
There will be instances when there will be a break down in the
performance- management process.
An employee might not agree with the appraisal the line manager has
given them. If no resolution can be negotiated options under the
organisation’s dispute resolution or grievance process.
Grievance process: more formal than a negotiation process.
Essential part of managing employee concerns and avoiding possible
lawsuits.
provide a framework in which issues can be discussed, decision can
be reviewed, facts can be identified, outcomes can be reached
DISPUTE-RESOLUTION PROCESSES
Employees can state their grievance verbally or in writing. Employees
have the right to have a representative present at any step in the
process and an employee's grievance should be treated confidentially
unless the employee agrees to involve other people.
Basic elements of grievance process Typical grievance resolutions steps
- A timeline outlining how disputes will be dealt with
- How complaints should be submitted and to whom
- Identification of who will review the complaints and make the determination
- A statement that retaliation against any employee who brings a complaint is prohibited
- A statement that management will report back to the complaining party and that the decision is final
- Employee discusses issue directly with a supervisor/manager
- Dispute and action recorded at each step- Issue brought to HR who assign someone
to attempt resolution- Employee discuss with supervisor/manager
with HR- Employee or representative refers the
issue to Fair Work Australia for resolution
DISPUTE-RESOLUTION PROCESSES
If an employee is dissatisfied with final determination of internal
grievance procedures, employees can hire a lawyer and file a lawsuit
Managers need to remember that when dealing with employee queries
or grievances there are various legislative structures that apply.
These include:
- Anti-discrimination
- Anti-harassment
- Equal Employment Opportunity (EEO)
TERMINATING EMPLOYMENT
As a last resort, an employee may need to have their employment
terminated.
When an employee departs an organisation, whether it is due to a
resignation or termination at the initiative of the employer, there are a
number of matters for an employer to close-off. The employment
termination or resignation must be documented and recorded.
The human resources department or line manager might need to
check if computer access has been barred, all credit card facilities
have been cancelled, subscriptions have been cancelled,
superannuation fund has been notified of the departure from the
organisation, internal financial delegations have been updated and
other internal parties have been advised appropriately.
RECORDED OUTCOMES
At a federal level, employers are required by the Fair Work Act 2009 and
Fair Work Regulations 2009 to keep certain employee records for a period
of seven years. These records include:
• General details about the employee, including date of birth, date of
employment commencement, status of employment and job
description
• Hours worked and wages paid, including details of any overtime taken
by the employee and the remuneration rate
• Leave taken by employees
• Superannuation contributions paid by the employer on behalf of the
employee
• Details relating to termination of employment, including the way in
which the employment was terminated and by whom
RECORDED OUTCOMES
Each organisation has its own policies as to how performance-
management documentation should be stored.
Guidelines that help managers to maintain confidentiality include:
• Information kept in employee files should only relate to performance-management
• Performance documents should be out of sight and reach in public areas
• Performance-management documentation not on manager’s desk when desk is
unattended
• Employee information should never be disclosed to people not involved in the
employment management process
• Unauthorised access to an employee’s performance information on computers should be
password protected
• Disks containing an employee’s performance information should be stored securely
• Only those people who need to access files should be authorised and able to access that
information
PRESENTATION SUMMARY
Now that you have completed this presentation you will know about:
• Implementation of performance management
• Evaluation of progress and performance
• Legislation and Regulation
• The diverse issues leading to counselling and discipline
• Know the terminating employment rules
• Recorded outcomes