Assessment Task 3: Case Study Analysis and Recommendations

Assessment Task 3 1
Name of the Student:
Name of the Institution:
Roll No:
Date of Submission:

Assessment Task 3 2
Q1: In the case of Sam, the main reason that the organization had not been able to win the
case was because of a severe lack of documentation. It had been found that Sam had been
violating deadlines, yet no records for any warnings given to her were found. Also, when
removed from the company, there was also no record of any meetings that had taken place.
There was also no evidence of physical violence that had been recorded by the company.
Thus, had the company been able to file the proceeding, and provide valid witnesses to the
assault, then the case might have been in the company's favour as there would have been
ample evidence to prove that despite being given enough time and deadlines, Sam was
violent and unable to do her job.
Q2: The main risks would be the lack of evidence in the future. Thus, all meetings should
consist of a minimum of 3 personnel, and in case there is a lack of staff, the conference
should be recorded. Every meeting and warning that is given by the company should be put
on record, and a transcript of the conference should also be kept with human resources.
Employees who have not been able to complete their deadlines should be given written and
verbal warnings as well so that there is ample record of the event happening. There should be
frequent performance appraisals for each employee. The chances of this being repeated in
the, with the precautions that are being taken would be minimal but should be kept in mind. It
would be essential to document everything, so in case of any other employee behaving
similarly, there is ample evidence to provide in the form of documentation in the court of law.
Q3: Keeping Sam's condition in mind, the first severe misconduct and health would be when
employees have missed their deadline. The predecessor in Sam's case was verbally abusive to
Sam at the workplace because she was unable to understand the new computer language and
missed the deadlines given to her. This would be the first misdemeanour. Under stress, Sam
physically assaulted me, which was the next condition displaying Sam's situation. Had she
not been under immense pressure to meet her deadlines, and not had a history of being

Assessment Task 3 3
verbally assaulted, then she might not have been physically abusive towards the current
manager. These are thus, the two primary conditions due to which the incidents have
happened, and should be kept in mind so that they are not repeated.
Q4: The Fair Work Act of 2009 is the main piece of legislation that looks at employee
behaviour and workplace behaviour. The law was passed in 2009 to provide employees with
some rights against organizations. However, it also dictates the expected workplace
behaviour of the employees, it would be useful in looking at Sam's case. Internal policies in
the company would be to ensure that all proceedings are recorded and documented
thoroughly and in case of missed deadlines, formal warnings are given to the employee. This
is also according to the legislation, it is essential to keep in mind when looking at the way
that Sam was treated in the organization as well. The internal regulations had not been
followed lawfully, which could have resulted in the predicament for the company (Pekarek,
A., Landau, I., Gahan, P., Forsyth, A. and Howe, J. 2016).
Q5: All meetings should be conducted with 3 or more personnel. In case personnel is absent
due to unavoidable reasons, the assembly may be postponed. However, if the session
important, then, the meeting should be recorded at an angle that both the manager and
employee are visible.
Any miss in deadline should be recorded. Verbal and written warnings should be provided to
the employee.
Meeting proceedings have to be noted down, and any agreement during the meetings must be
documented and presented to the Human Resource Department.
Any employee or manager found being abusive, whether verbally, emotionally or physically
would be removed from the company immediately. This would be put in the new contracts
that every employee must sign to continue working with the company.