Assessment Cover Sheet and Case Studies for CHC52015 Diploma of Community Services

This assessment coversheet is for CHC52015 Diploma of Community Services and includes case studies on workplace discrimination and sexual harassment. It also includes legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment.

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CHC52015 Diploma of Community
Services
COMMUNITY SERVICES
PROFESSIONAL PRACTICE
Assessment TWO

ASSESSMENT TASK TWO
CHCMGT005: Case Studies
TASK SUMMARY:
You are to read the case studies and complete the questions that follow.
This assessment relates to the following units:
CHCMGT005 - Facilitate workplace debriefing and
RESOURCES AND EQUIPMENT REQUIRED TO
COMPLETE THIS TASK
• Access to your Structured Study Plan
• Access to textbooks and other learning materials.
• Access to a computer and the Internet
INSTRUCTIONS:
• You will do this task in your own time.
• Please refer to the Structured Study Plan for the scheduled activities
associated with this task.
• You need to answer all the questions correctly.
• You must use your computer to type in the answers to the questions.
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Case Studies:
CASE STUDY 1: PRASAD MOVES TO AUSTRALIA
Prasad recently joined Support Kids, taking on the role of the team leader.
Prasad has recently moved to Australia from India. He was very pleased that his
experience with children in need in India has been recognised and he could get
employment in a team leader’s role.
Prasad had been employed in India for over 15 years, during which time he had
campaigned for children’s rights and had made many inroads into the care and
protection of children across the country. Prasad was known to be a skilled and
dedicated social worker.
After settling into his new role, Prasad noticed some of his team members
making quiet jokes when he was around the office. Some would giggle or quietly
laugh when he would speak and do silent movements ridiculing his natural
gestures.
During lunch times, Prasad overhead some of the team mention his name and
put on an Indian accent during their conversation. This happened more obviously
when Prasad was giving the team updates during their weekly catch ups.
Furthermore, one of the team members, Ben, would send regular emails to the
rest of the team with jokes and comical images about the Indian culture. When
Prasad attempted to ignore these jokes about him, he also noticed the
responsiveness of his team decline. They were not supportive of his requests and
lacked the team cooperation and loyalty that he needed to get tasks done.
Prasad began to lose his confidence with his new role and team leadership. He
felt humiliated because of his culture and ethnic background, and he could not
understand why his team were not as welcoming as he expected. They did not
make him comfortable in his position as their team leader.
Eventually Prasad withdrew his interaction with the team over time, cancelling
meetings and confining his communication to emails rather than face-to-face
discussion.
The jokes about Prasad failed to cease and became targeted at his withdrawn
behaviour. He became agitated and depressed until he completely withdrew
himself from the workplace and ceased working due to increasing stress.
Prasad was also homesick, as all his family and friends resided back in India.
Question 1: What legislation or standards does this situation breach? Provide an
explanation to support your answer.
The legislation or standards that has been breach within current situation is The
Racial Discrimination Act 1975 (RDA) according to which it is unlawful to
discriminate against any person and individuals because of his or her race, colour,
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descent, national origin or ethnic origin, or immigrant status. An explanation about
the racial discrimination act 1975 can be made that has been passed by the
parliament of Australia that makes it unlawful in Australia to have any form of
discrimination and inconsistency on the basis and grounds of the race, colour,
nationality, etc. In present case it has been and analysed that the Prasad who
belongs to Indian culture is being discriminated by the other employees in form of
making jokes and comical images regarding his Indian assent and conservation
tone that is breaching the provisions lead out by the Racial discrimination act,
1975 (Cea D’Ancona and Valles Martinez, 2021).
Question 2: Describe the implications (risks, consequences, penalties) that could
arise to both employee and employer as a result of this situation.
the implications and consequences that would be faced by the both
employee and employer because of the breach of the anti-discrimination law at
workplace tend to comprises and includes of the disciplinary actions against the
offender along with the consequences in form of the legal proceedings against the
offender. Further, in current situation a legal proceeding and action against the
employer of the offender can also be taken as because of the discrimination and
unethical behaviour Prasad was also homesick and he tend to resided back in
India.
Question 3: Describe the responsibilities of Prasad, the work team and
management
The responsibility of the Prasad in the given case comprises of the making a
formal complaint against the workers and employees. Further, he also need to
have a better communication and higher interaction with the work team and
management to closely solve the current situation.
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Question 4: Imagine you were the manager. Explain how you would respond to
this situation if this occurred at your workplace. Include reference to legal
compliance, policies and procedures, training requirements, monitoring and
compliance review and assessment.
At this time, I would suggest to have a diversity training for all the
employees and workers to ensure respect for all people and different culture. Apart
from this, having strict policy along with taking of legal actions would also made to
ensure a better chance and control on cultural discrimination and unethical work
practises.
CASE STUDY 2: KELLY AND THOMAS ON NIGHT SHIFT
Kelly has just completed her Certificate IV in Community Services and is very
pleased to be given a job working as a youth residential care worker.
Kelly enjoys the work and finds the house supervisor to be very helpful in teaching
her the ropes.
After a few months, the house supervisor advises Kelly that he will be placing her
on night shift with the other night worker – Thomas.
Kelly is a bit uncomfortable about working with Thomas, especially during the
night, but she appreciates the responsibility of working nights. The shift penalties
also mean more money in her pay.
When Kelly starts working with Thomas, he casually questions her about her
personal life. He asks her questions about whether she has a boyfriend and about
her first-time sexual encounter.
Kelly finds this intrusive as she has never been asked these types of questions by
anyone else in a workplace. But she thought this might just be Thomas trying to be
friendly and make an effort to get to know her better.
Kelly has a strong commitment to her job and a loyalty to do her best for her young
clients.
Thomas begins to give Kelly compliments on how she dresses and presents herself,
most especially when she wears a skirt. He makes comments like, ‘If I weren’t
already married and I was your age I would be all over you by now!’
Kelly’s discomfort around Thomas grows when he starts to read sexually explicit
content in magazines that they confiscate from their clients. He also shows her
pornography on the Internet, saying that he has caught the clients accessing it.
One night when all the clients were in bed asleep, Thomas asks her to have sex
with him.
Kelly calls the on-call manager, saying she is sick and needs to leave her shift
immediately.
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She never returns to work.
Question 1: What Commonwealth legislation does this situation breach? Provide
an explanation to support your answer.
As per the provisions of the Commonwealth Sex Discrimination Act 1984 and
state anti-discrimination laws it is unlawful in Australia for a person to have any
form of sexually harass anyone in the workplace that is prevailing within the given
situation. The provisions of the sex discrimination act, 1984 makes it unlawful and
leads to legal consequences in case of having any discrimination and sexual
comments and other form of miss behave based on the sex, gender identity,
intersex status, sexual orientation, marital or relationship status, etc (Zajíčková,
Zajíček and Rašticová, 2021).
Question 2: Describe the implications (risks, consequences, penalties) that could
arise to both Kelly, Thomas, and the employer as a result of this situation.
As the result of the given situation it has been and analsysed that legal charges
and action can be taken against the Thomas because of having sexual comments
and other unethical behaviour towards Kelly. Along with this, it has been also seen
that the unlawful discrimination made by the Thomas could leads to the
protections is $66,600 per contravention for a corporation, and $13,320 per
contravention for an individual as a consequence and penalty for his act
(Schneider and et. al., 2021).
Question 3: Describe the responsibilities of Kelly, Thomas, and the employer.
The responsibility of the Kelly in this case tend to comprises of the fact that
instead of taking it as normal incidence she must report about the prevailing
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conditions to the manger in the staring when Thomas first make the sexual
comments and misbehave with her in form of asking for personal information.
Apart from this, making excuse and leaving the job by Kelly is also not correct way
of dealing with the situation. It is the responsibility of Thomas to have an equal
treatment with Kelly as he had with all other colleagues and no sexual comments
or unethical behaviour should be done my him. Further, as an employer it is there
responsibility to make strict rules and provisions for the safety of Kelly and other
women along with taking strict action against this unethical behaviour at
workplace.
Question 4: Imagine you were the manager. Explain how you would respond to
this situation if this occurred at your workplace. Include reference to legal
compliance, policies and procedures, training requirements, monitoring and
compliance review and assessment.
As a manager I would like to help out the Kelly through giving her a chance
and proper platform to discuss her issues and challenges. Further, as a manager o
would take strict action against the Thomas and also put legal action and
consequences against him for mentally and physically harassing a colleague. Along
with this, I would also like to have a proper monitoring system to ensure the safety
for the individuals working during late night along with larding proper training and
skill development in employees to overcome and mitigate these type of situation
through setting proper complain system.
CASE STUDY 3: HELPING OUT A FRIEND
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Thomas is suspended from work and a disciplinary investigation process is in
progress.
Thomas calls, Ben, who works in the HR department.
Ben is a friend of his from years ago. They used to play football together and often
go out for drinks on Thomas’s nights off. They arrange to meet at the pub that night.
Thomas buys Ben a beer and fills him in on what has happened – he has been
wrongfully suspended from work! According to Thomas, Kelly has thrown herself at
him during night shift and when he threatened to report her, she got in first and said
it was him who assaulted her!
Ben had heard something about the suspension and was very glad to hear that his
friend was not in the wrong.
Thomas asks Ben if he could get the disciplinary file out of the HR Manager’s office
and photocopy it for him, so he knows what is happening in the investigation. This
will help him as he will be able to see Kelly’s statement and what the investigator
has said in the report.
He needs the information before he goes in front of the investigation committee
next week.
If Ben can get the report, Thomas promises that he will never tell anyone.
Ben feels sorry for his friend and the next day he works back late. He finds the HR
Manager’s office key and ‘borrows’ the file. He makes a copy.
On his way home he drops in at the pub and gives Thomas the photocopies. Ben
can’t believe the lies that Kelly has told about Thomas in her statement – he feels
really sorry for his friend as it looks like it will just be Kelly’s word against his, and
everyone knows that the female is always believed over the male in a sexual assault
case!
Thomas buys Ben another drink. ‘Cheers,’ Thomas says as they clink bottles.
Thomas grins widely.
Question 1: What legislation, Acts or codes does this situation breach? Provide an
explanation to support your answer.
The wrong use of the legislation of the Sex Discrimination Act 1984
(SDA) and other set of anti-discrimination laws has been seen in this case
(Xiaonan, 2021).
Question 2: Describe the implications (risks, consequences, penalties) that could
arise to both Thomas, Ben, Kelly, and the employer as a result of this situation.
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an legal action can be taken against the Kelly for filling of a wrong
case against Thomas and for having defamation in his personal and professional
image.
Question 3: Describe the responsibilities of Ben, the HR manager, and the
employer.
At this time, it’s the responsibility of Ben to support and provide a
proper legal advice and support for his friend Thomas based on defamation case.
Further, it’s the responsibility of HR manager to give an equal chance of sharing
view point and feedback from Thomas about the case before reaching any
conclusion.
Question 4: Imagine you were the manager. Explain how you would respond to
this situation if this occurred at your workplace. Include reference to legal
compliance, policies and procedures, training requirements, monitoring and
compliance review and assessment.
As a manager, it’s the responsibility and needed to have an effective
monitoring system along with implication of proper cctv cameras and other
technology to have a better analysis and clear review of the situation to find out
that who is actually guilty so that suitable actions can be taken on the basis of
that.
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CASE STUDY 4: REVISING THE PROCEDURE
Jenny works in the local neighbourhood centre in the administration department.
Jenny’s department is responsible for ordering and storing stationery for the entire
centre.
The procedure for receiving orders of stationery the centre reads as follows:
SAFE WORK PROCEDURE – DELIVERIES AND STORAGE OF STATIONERY
The administration staff will be responsible for accepting and storing stationary
orders.
Procedure:
 When stationery orders are delivered, check the content of the delivery to
ensure it matches the delivery docket.
 Sign the delivery company’s documentation.
 Immediately move stationery received into the storeroom. If the box is too
heavy, ask another worker to assist with moving the box.
 Unpack the stationery and store it as follows:
 Small items for everyday use – store on low and middle shelves.
 One box of photocopy paper to be split into individual reams and stored on
easy to reach shelf.
 Remainder of boxes of photocopy paper to be stored (in boxes) on top shelf.
 Staff must use the ladder provided to lift the boxes onto the top shelf.
Yesterday Jenny received a large order of stationery. She was busy with other
work so she asked Martin to help her so she could get through it faster.
One of the boxes was very heavy, so Martin said he would move it to the
storeroom. Jenny offered to help, but he said he was fine. Unfortunately, Martin
tripped over his own feet when he was moving the box and fell down the small
step that led into the storeroom.
He had to be taken to hospital – he had fractured his wrist.
After all the drama of Martin’s accident died down, Jenny decided to put all the
stationery away herself.
She had almost got everything done, but the last items were six boxes of
photocopy paper. Jenny used the ladder as instructed by the procedures to put the
boxes on the top shelf. By the time she got to the fourth box she was exhausted –
it was hard work lifting boxes up a ladder!
Just as she was about to put the box on the shelf, her foot slipped on the ladder
step. She fell onto the floor – thankfully, the box did not hit her! However, Jenny
still ended up with cuts on her leg from the metal ladder, and lots of bruises and a
very sore ankle and arm.
Naomi is the new manager of the neighbourhood centre. She has been on the job
for not even two weeks. She is horrified that two accidents could occur on the
same day, and in the same place.
Naomi investigates the incident and when she reads the procedure, she is
shocked at the manual handling processes that staff are being advised to carry
out. She is surprised there hasn’t been more serious accidents.
She knows the procedure must be fixed immediately!
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Question 1: Revise the neighbourhood centre’s procedure so it correctly advises
staff how to use safe manual handling procedures. You may like to refer to the
Code of Practice for Manual Handling for your state or territory.
Following points could be mentioned and advice to have a safe manual handing
process based on code of practice for manual handling:
 Avoid twisting the back or leaning sideways
 Keep the proper shoulders level and facing in the same direction
 Turning by moving feet is better than twisting and lifting at the same time
Question 2: Suggest three other actions that Naomi could take to make the
storage process safer.
1. Avoid twisting the back and leaning sideways along with
keeping close to the load.
2. Properly plan the lift and ensure a suitable feet position
3. Maintain a firm grip as well as a good posture
References
Cea D’Ancona, M.Á. and Valles Martinez, M.S., 2021. Multiple Discrimination: From
Perceptions and Experiences to Proposals for Anti-Discrimination Policies. Social &
Legal Studies, 30(6), pp.937-958.
Zajíčková, D., Zajíček, M. and Rašticová, M., 2021. Does Anti-Discrimination Legislation
Work? The Case of Motherhood Penalty in the Czech Republic. Employee
Responsibilities and Rights Journal, 33(1), pp.25-45.
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