Managing Organization: Legal Provisions and Disciplinary Procedures

This document discusses legal provisions and disciplinary procedures in managing an organization. It covers topics such as restructuring a business, employee termination, and handling conflicts. The document provides insights and advice on how to navigate these situations effectively.

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Managing organization

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Table of Contents
Project 1...........................................................................................................................................3
Legal provisions...............................................................................................................................3
Transcript.........................................................................................................................................3
Project 2 Disciplinary procedures....................................................................................................6
Archie Favicon.................................................................................................................................6
1. Summary......................................................................................................................................6
2. Advising Cam to follow steps......................................................................................................7
3. Letter to Archie............................................................................................................................9
Rosetta Baud..................................................................................................................................10
1. Summary....................................................................................................................................10
2.Setting problems for Cam...........................................................................................................10
Reference list.................................................................................................................................13

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Project 1
Legal provisions
Transcript
I checked into butterfly house as an employee relation consultant for offering consultation to my
client Mona Arch
00:00 I waited at the reception for Mona to arrive and narrate her issues associated with her
business
00:10 Mona arrives with a drooping expression offering me for a cup of coffee
00:20she expressed that her business has recently started going down because of
00:22 a competitor tourism business have grown nearby
00: 25she seeks help to restructure her business so that the cafeteria does not go through such
havoc loss
00:30 speaker shows some images of the café, playground, butterfly house
00: 40 shows a rough organizational structure andpresent employee strength
00:45she is thinking presently to cut down some of her employees in order to
00:52overcome revenue shortage as recommended by her accountant
00:59as I can see the present scenario of Mona
01:20there isthe necessity to cut some of its staffs but
01: 15 it should ensure that it does not violate Employment Relation act 2000
01:20 the employee relation Act 2000 are concerned with emplacement policies

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01:30 as Mona had not entered into a collective agreement for any stipulated during the time of
recruitment
01:45 so terminating full-time employees won’t be so much issue. The full-time employee can
01:55 called and conveyed the problem to the particular employee
00: 59 since the employee is a local person; he can be offered flexibility to look another
alternative within 1 month of the notice period
02:00 he can be terminated with salary for the next two months as compensation
02:10 however terminating the part-time roles do not require any legislative approval
02:15I would suggest Mona give a hike of 12% to the specialized employee of the butterfly
house
02:20so that they are willing to take the workload of the entire business
02:24 According to the HRM approach of employee relation, mutuality is emphasized that
reflects common interest and objectives of the management and employees
02: 25this condition comes under bargaining power between the two parties
02:30for the cafeteria Mona can serve the guests with less number of items than previous ones
02:35and introduce some of her signature dishes so that
02:40visitors of the other tourist spot are attracted to the café for little bites
02:48Mona can restructure her business with something new that easily attract target customers
who have swiped their destination now
02: 50 for instance, her can hybrid butterflies to introduce a new variant in the butterfly house.
Or she can also build some children rides on the playground.
02:59 Mona also can offer a free ride to kids in the playground while their parents are taking a
sip of coffee. This added facilities will make Mona Arch’s magnificent Monarchs little different
from its competitors

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03:02 this strategies to the restructuring of the business is appropriate from the unitary view
03:10the unitary view says that management of any organization has rulemaking authority in
order to increase profit where the business serves as a unitary system
03:21since the permanent staffs have been working in the organization for the past 5 years, it
would be little unfair for Mona to directly terminate despite she has targeted a single employee
03: 25 instead she can refer the person to some other similar firms of her knowledge that will
justify for both the parties.
03:30 the process of restructuring her business would follow some simple steps
03:35 Mona should call all the employees to discuss the present scenario and ask personally
03: 40 speaker takes a pause
03:48 if anyone has any plan to quit the organization very recently. She can confess her plan to
restructure the business as ask for other contacts that might serve as a help to the dismissed
employee
03:52later she can announce the names of the person to be dismissed with compensation and
benefits that would be offered (Walsh, 2016)
03: 55 following this she should enter to a contract with the butterfly house employees and make
hourly wage contracts for working in all the departments
03:59 the part-time employees were hired as ‘at will’ basis hence they can be terminated without
any notice.
04:02 Mona should be aware of any constructive discharge she made long before. For example,
she should ensure that employees do not claim their working condition as a force to quit.
04: 05 Mona should stay updated with federal government laws in order to avoid factors
triggering discharge claims
04: 15 speaker recalls once again about the regulations of Employees act of 2000 and makes sure
that he had not missed any

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04:22in order to introduce the new staffs in her business such as children rides or butterfly
species
04:30she can close the tourist attraction for a few days and engage in the renovation process.
04: 39 she can also covert her payment cycle as a pay per work process for the part-time and
flexible employees because the number of days the tourism centre is closed will save her from
paying for the leaves of the employees.
04: 59 all the process will not take more than a month to restructure the business and attract more
visitors as before.
Project 2 Disciplinary procedures
Archie Favicon
1. Summary
Cam web serves a charity providing computer education with the name of the company as
computer fixers on wheels charitable trust. Being the CEO of the organization he has come
across some serious issues for the organization his list of suspicion contains a staff Archie
Favicon whom he doubts to use company vehicle without authorization. He is uncertain
regarding the usage of fuel of vehicles since their staffs need to travel cities to visit clients
across. The cause behind suspecting Archie is that his fuel card reads higher value than his
previous months. Although Cam investigated the cause from Archie, he confessed that he had
used it for personal use since his wife was sick.
Archie was employed in the organization as customer support and educator. The organization
identifies all the action and right of Archie to work in New Zealand. However, according to the
terms, the employee has agreed to travel as per the requirement of the customer and there is no
time bound for the working hours. All over he had to serve for 40 hours a week. The rules of the
organization state the employer may seek a disciplinary action if he finds the employer to violate
rules. The organization agrees to pay the employee for additional hours he serves to the

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organization. In addition to this, the employee needs to provide any purchasing proof in order to
receive the expense of the organization.
For the professional cause of the organization, Archie was provided with a mobile phone to share
his work-related information and call. The device was not meant for personal use. The terms and
conditions also read that the employer has every authority to review and update the contents of a
mobile phone for the purpose of security and confidentiality. Similarly, Archie was provided
with a vehicle for professional use. Using the vehicles for any sort of personal cause is thought to
go against terms of the employer. Parking for the vehicle will also be accommodated by the
employer followed by the employer has every right and authority to change the vehicle and
parking location any time also he can stop the employee from using the vehicle if not required.
The logbooks of the parking lawn have reconciled with the respective odometer for Archie. As
per the performance review form of Archie, He also used company resources he reported 2
suggestions for improvement of the company. As reported by the supervisors to use also Archie
is well reviewed by his peers for achieving his goal, unlike Rosetta whose performance is poor
so the authority had dismissed her off.
Log book shows Archie taken more than 2 hours in second slot
name Time of departure with
vehicle
Time of reporting
with vehicle
Action records
Archie Fevicon 10:00 AM 12:00 PM He educated customers
through appropriate
software tools.
1:00 PM 4:00 PM Archie has started
leaning we chat to
educate children
2. Advising Cam to follow steps
To
Cameron Webb,

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Computer Fixers on Wheels Charitable Trust
18 London Street
Hamilton CBD
Sub: advice to follow steps to encounter Archie
After listening to your concern I have made a draft of some piece of advice that might work for
you to understand ways to encounter Archie. Instead of suspecting an employee based on fuel
usage data I would suggest you observe the person for a month more. The fuel expenditure does
not necessarily align with using a vehicle for a personal cause. It might be possible that he was
on his way and his wife suddenly fell sick due to which he had no alternative other using
company’s vehicle. So from a humanity perspective, Archie has not violated organizational
conduct by using the vehicle for own benefit.As can be noted it is a problem conflict of interest
(Aleksynska, & Eberlein, 2016).
The terms and conditions of Computer Fixers on Wheels Charitable Trust read that during a
conflict between an employer and employee the interest of the organization is to be balanced
against the staff’s interest. Archie has not masked the fact of using the vehicle for personal use
instead he has disclosed hence he followed the procedure that avoids being placed in a situation
to perceive conflict.
In order to improve the performance, the organization should arrange training process or other
corrective action. The policy of the company says so, therefore it is very injustice to fire Rosetta
baud for her below performance instead company should take initiatives to rehire her and
improve her standards since she had not breached any legislation of the organization (Mohamed
et al. 2019).
The manager can revise the policy to Archie the policies of the organization one more time so
that he doesn’t repeat the mistake again. Also, he can be made aware of the leave policies so that
he can choose to opt for the leaves such as annual leave, personal leave compassionate leave etc
as his requirement. Conflicts are very common to occur at the workplace, hence these legal
applications might them resolve faster.

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Regards
Employment relation consultant
3. Letter to Archie
From
Computer Fixers on Wheels Charitable Trust
18 London Street
Hamilton CBD
Dear Archie,
As per information from various reliable sources it has been brought to my notice that fuel
expenditure of the vehicle that has been allocated to you by Computer Fixers on Wheels
Charitable Trust have shown noticeable rise than the previous months. The contract that you had
signed at the time of your joining was agreed to the terms and conditions saying using company
vehicles for personal use are strictly prohibited in this organization.
You are invited for a meeting with your manager to discuss issues that have been a concern for
the organization. You are advised to come to meeting with supporting documents for the dated
allegation as evidence for your statements. The management has come to this decision to
investigate your cause. I would request you to go through the company guidelines once more
before you come down for the meeting.
As an old and reputed staff of Computer Fixers on Wheels Charitable Trust, we look forward to
receiving cooperation and coordination from your end. Once again I would like to remind you
that the organization has many facilities to offer to staffs, for instance, the leave policies. You
can easily choose them as per your requirement (Palagashvili, 2017).
Regards

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Cameron Webb
Rosetta Baud
1. Summary
Rosetta Baud was an employee of Computer Fixers on Wheels Charitable Trust. Her role was
almost similar to Archie i.e. visiting customer place to provide digital education. But the CEO of
the organization receives a letter from the accountant Ruby Lan dated 31 July responding of
Rosetta’s performance.
Rosetta is unable to deliver the best performance to customers. As reported from clients, she
speaks too fast and the aged ladies are unable to catch her instructions. She is reluctant to assist
the customer and treats them like kids. The CEO of the organization decides to terminate her
because three times she was reported for her inefficiency. Cam calls Rosetta and decides to
terminate her because he fears the funding agencies will stop fund if their charity purpose is not
served completely. At the same time, he also fears that Rosetta might take any legal action that
can affect organizational reputation.
This problem seems a case of dispute in the workplace. Rosetta has reverted back her grievances
that completely grow with the company policies. As per her payment record, she has worked
almost for a year with her annual leaves pending so she is somewhat exempted from employee
rights. Moreover, the policy of the organization claims to correct their employee and
encouraging resolving employee relationship problems which were not followed for Rosetta.
2.Setting problems for Cam
Cam has made the situation very complex by directly terminating Rosetta after receiving poor
performance feedback from Ruby Lan. On seeing her pending leaves he decided to pay a
month’s salary to compensate that. But lack of knowledge of the company policies makes him
take such a stern action that makes Rosetta upset. He should have discussed it with other
members of the organization and take an appropriate decision. There were also other penalizing

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policies implemented in the organization for instance paid suspension of employees accused in
misconduct or holding employment for a definite cause (Suen, 2018).
Cam did not go through any of the actions; neither had he issued any warning letter to Rosetta.
The performance improvement policy of Computer Fixers on Wheels Charitable Trust states the
performance of every employee working in that organization is evaluated and the employees are
counselled or retrained in circumstances they are found to perform below average. Performance
improvement also states that an employee fails to meet the standard even after retraining,
management has the right to issue a warning letter to dismiss at that moment. During joining the
organization both the employer and employee acknowledges that both the parties will understand
their mutual responsibilities and give an opportunity to each other to re-correct themselves. In
addition to this, Computer Fixers on Wheels Charitable Trust will give the opportunity to every
employee to defend themselves on their behalf for any grievance before any serious action is
taken against them (Suen, 2018).
Following all the policies and procedures would restrict any legal action to enter. Also, it is
necessary to maintain documentation for any feedback, response, warning letter, a record of
training and their relevant explanations. Such an approach will prevent any future conflicts and
grievances taking inside the workplace.
3. A Letter to Cam
To
Cameron Webb,
Computer Fixers on Wheels Charitable Trust
18 London Street
Hamilton CBD
Sub: Advice to resolve employee grievances

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The case of Rosetta was quite complicated as seen. I understand what you choose was for the
betterment of the organization and continue funding. But I think instead of directly terminating
Rosetta could be given a chance to speak on her behalf.
The policy and terms of Computer Fixers on Wheels Charitable Trust read that an employee is
not authorized to use social media for the personal cause while educating. In the case of Rosetta,
it is observed she neither did it nor she denied teaching its usage. Because of her fast speaking,
the learners were unable to cope up with her. So here I think she should be trained for soft skills
to interact with customers. It is included in the policy under the training and development section
that the organization is entitled to give adequate training to its employees. When there were
complaints against Rosetta the manager had not talked to her, neither recommended her to
participate in the training.
In addition to this, the company policy also supports the right of employees to express their
grievances hence also the actions that were taken against Rosetta seems a biased work culture.
Instead, she should be responded in her mail and provided another chance to correct her. As per
the terms of termination policy, Rosetta has not violated any guidelines or accused of misconduct
(Aleksynska, & Eberlein, 2016). What I can understand that she lacks some technical handling
knowledge that represented when she was unable to fix the printer. That can be corrected with
her training. She can be accused of lack of cooperation with her customer because she should
have understood that the organization offers charity and she cannot behave so much professional
with the customers.
In order penalize her she can be suspended for a month on an unpaid basis. Terminating
employees on cooperation issue might involve legal notice from employee’s end that is likely to
be unfair for future funding.
Regards
Employment relation consultant

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Reference list
Aleksynska, M., & Eberlein, F. (2016). Coverage of employment protection legislation. IZA
Journal of Labor Policy, 5(1), 17.
Mohamed, A. A. A., Jan, M. N. I., Ahmad, M. H., & Kasi, A. (2019). GENUINE
REDUNDANCY AND RETRENCHMENT COMPENSATION: AN ANALYSIS OF
MALAYSIAN LAW. International E-Journal of Advances in Social Sciences, 4(12),
658-663.
Palagashvili, L. (2017). Disrupting the Employee and Contractor Laws. U. Chi. Legal F., 379.
Suen, H. Y. (2018). The effects of employer SNS motioning on employee perceived privacy
violation, procedural justice, and leave intention. Industrial Management & Data
Systems, 118(6), 1153-1169.
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.