Manage Separation or Termination - Desklib

This document provides information on managing separation or termination of employees in an organization. It covers topics such as best practices, legal requirements, consultation with managers, dismissal procedures, outplacement assistance, exit interviews, and data analysis. The document also includes activities and examples to help organizations improve their procedures and policies.

Running head: Manage Separation or Termination
Manage Separation or Termination
Name of the Student:
Name of the University:
Author’s note:

1Manage Separation or Termination
Table of Contents
Activity 1A......................................................................................................................................3
Activity 1B.......................................................................................................................................3
Activity 1C.......................................................................................................................................4
Activity 1D......................................................................................................................................4
Activity 1E.......................................................................................................................................6
Activity 1F.......................................................................................................................................6
Activity 1G......................................................................................................................................7
Activity 2A......................................................................................................................................8
Activity2B........................................................................................................................................8
Activity 2C.......................................................................................................................................9
Activity 2D....................................................................................................................................10
Activity 2E.....................................................................................................................................10
Activity 2F.....................................................................................................................................11
Activity 2G....................................................................................................................................12
Activity 3A....................................................................................................................................12
Activity 3B.....................................................................................................................................12
Activity 3C.....................................................................................................................................13
Activity 3D....................................................................................................................................13
Assessment-2.................................................................................................................................14

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Section-A.......................................................................................................................................14
Dismissal........................................................................................................................................16
Section C........................................................................................................................................18
Reference and Bibliography..........................................................................................................21

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Activity 1A
1. The three ways to research best practice systems and/or legal requirements of
separation/termination are:
Through consultants who are aware of the legal legislations of termination and separation.
Through employment legislation acts.
Visit to various organization who performs best practice of employee termination.
2. The three things which ‘separation/termination’ that might include are:
Expiry of a fixed term contract
Retirement of an employee or employer.
Dismissal of an employee or employer.
Activity 1B
The three possible purposes of undertaking consultation with relevant managers prior to the
introduction of new forms, procedures or systems are:
In order to inform: This facilitate the employees to understand the need of relevant changes in
the organization (Liebregts and Stam 2019). The policies and procedures system the organization
had before and the relevant approaches the other organization undertake.
To be advised: This ensures that what other thoughts, ideas and opinions the managers has to
consult. The managers could also provide their past experience that how they manage separation
and termination in the organization.

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In order to draw conclusion: The procedures and policies need to be discussed with the manager
and must come with appropriate conclusion.
Activity 1C
Similarities
ORGANIZATIONS
Woolworths Wesfarmers
The redundancy in Woolworths is confided
only when there is introduction of new
technology.
The termination takes place due to
redundancy.
There is termination of employees due to
serious misconduct.
The termination of employees does take place
when the employee shows misconduct
The termination of employee is also
approached when the employee is unable to
perform in the organization.
Dismissal if unable to perform the job.
Due to retirement The employee is terminated when gets retired.
Difference
In Woolworths there is no policy of termination (Ahmad 2019) if the employee’s fixed term of
contract is expired they choose to rehire the employee in the organization.
In case of Wesfarmers when the employee’s fixed term of contract is expired they are terminated
from the organization.
Activity 1D
1.
The procedures for dismissal include the following criteria:
Investigation of the issue- Before proceeding to the action, the management must undergo
investigation about the issue.

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Informing- The next step is to inform the employee about the rising issue.
Conducting a meeting with the employee- The managers must have a face-to-face interaction
with the employee regarding the reason of dismissal (Liebregts and Stam 2019). This involves
warning to the employee.
Informing the employee in writing the final decision.
Giving the employee a right to appeal.
The three examples of dismissal are:
Misconduct at the workplace
Poor performance in the organization
Redundancy- When the organization decides that they do not need any particular job role.
2.
The organization ensure that the procedure of dismissal and termination ((Ahmad 2019) must
remain strictly confidentiality. The organization maintain confidentiality in terms of employees
and the organization (Liebregts and Stam 2019). In case of employees all the private and
personal information are kept confidential for example: Employee’s address, phone number, the
reason of leaving and so on. On the other hand the organization confidentiality is maintained
through intellectual property and the information which should be protected for example: trade
secrets, financial statements and so on.

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Activity 1E
In order to gain valuable and effective support the relevant information that should be provided
to the senior management are:
The procedures, policies and documentation that are developed in the organizations.
The information related to confidentiality and the information which must be transparent in the
organization.
The best practices and policies which is developed or identified in the workplace.
In order to seek advice from the senior manager with regards to the legal requirements in the
organization.
For example:
Workplace policies and procedures
Code of Conduct
The legislative laws provided in manual.
Activity 1F
Communication Policies endures the flow of communication both outside and within the
organization. Organization promotes effective communication policy in order to eliminate
conflicts and misunderstanding and to deliver the needful to the members of the organization.
The following methods assessed in the organization are:
When there is announcement to the relevant personal the followings are used (letters, emails and
so on.

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In order to conduct meetings with the relevant personnel the organization might conduct
conference or in board meetings.
In order to communicate with the members of the organization each and every has company
intranet to communicate through mails.
Communication Action Plan
Action/Activity Strategy/Method
Responsible
person
Timeline
Group activity Meeting
Human resource
manager
11 November
2019
Meeting minutes E-mail Meeting facilitator
16 November
2019
Face to face
interaction with the
representatives
Face-to face conversation
Human resource
manager
21 November
2019
Activity 1G
1.
The respective representatives could provide with accurate feedback they are:
Managers (Human Resource, Operation, Line, Branch and other senior executives).
Relevant personnel in the organization such as employees

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In each and every organization there are legal advisors and consultants who provide feedback
upon the organizational matters. For example: lawyers who are employed by the large companies
or from other organizations in order to provide legal advice and feedback to the employees and
the organization.
2.
The feedbacks are analyzed and according to the feedbacks certain changes in the organizations
operations are made with regards to termination and separation. When the feedbacks are
analyzed, the following refinements to policies and procedure and supporting documents could
be necessary.
Certain changes in the policies or procedures for example: when the employer breaks any rule in
the employment contract and the rights of the employees is breached. In this case there are
certain changes are made in the policies.
There can be changes in the policies when the management finds there is a requirement of new
policies which needs to be added or removed from the document for the betterment of the
organization.
If there are cases where the employees are not in a state of following the rules and regulations
enforced by the organization.
Activity 2A
Redundancy
Redundancy is the term used where the organization cuts off their workforce when they finds out
there is no need of a particular job to be done by anyone in the organization.

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Redeployment
It means cessation of one contract of employment and the replacement with a new contract for a
different position.
Activity2B
1.
The term work outcome refers to the situation in which the work turns out into or might intend to
turn out. This happens in the situation where there are certain consequences in the work done by
the employees (Liebregts and Stam 2019). The work outcomes is observed to be very crucial to
the function and the purpose of the organization.
2.
The relevant information which must be provided about the process related to the redundancies
or redeployment are:
The organization needs to make full procedure of redundancy and redeployment with
organization’s policies and procedures.
The exact information of the organization’s rights and the employee’s right must be mentioned in
the process of redundancy and redeployment (Liebregts and Stam 2019). For example: the
employee rights may include claim for unfair dismissal, if the employee feel that they are
unfairly selected for redundancy then they might reconsider.
The information related to the procedural outcomes such as the allocated personnel,
documentations and payment. For, example: in case of redundancy the payment is done

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according to the act Redundancy Payments Act 1967-2014. This act provide minimum
entitlement to a redundancy payment for the employees.
Activity 2C
1.
Outplacement is basically a service provided by organization that helps an employee who has
been terminated, the service help the employee transition to news jobs.
2.
In our organization, apart from outplacement the other assistance the organization provides are:
1. Redundancy payment to the terminated employee, if an employee has been working for more
than 2 years for an employer. The employee get the following benefits;
 For each full year one week’s pay (age under 41 above 22)
 For each full year one and half week’s pay (age above 41)
2. The organization does provide appropriate information about many organizations and support
system in order to find another job.
3. Our organization has a tie up with many job agencies such as Green Key Resources and The
Bachrach Group which helps the employees to find another job.
Activity 2D
1. Dismissal is the term used when an employee is terminated by an employer due to the reason
of poor performance or misconduct in the organization.

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2. Unfair dismissal is the term which is used which does not apply with the legislative
requirements.
3. The legal considerations which is assessed when giving a notice period are:
The employee must get an extra week of notice if the employee is above 45 years of age and
have served for the employer for more than 2 years.
The notice period will be longer when the employee has additional factors such as registered
agreements, awards or contract of employment.
The statutory minimum notice period is provided to the employee which is solely determined by
the period of continuous services.
Activity 2E
The skills and knowledge that apply to disciplinary actions helps the organization to take prompt
actions and appropriate decisions for the organizations. This skills and knowledge helps the
management to manage the business operations and competent enough to run the business. The
types the skills which is highly necessary to ensure that that human resources staff, managers and
supervisors can take disciplinary action are:
Most importantly management skills I highly necessary for managers to manage the employees
in the organizations.
The managers need to have knowledge on employment laws and legislations.
The managers must have experience on the working profile.
Skills to utilize resources in the most appropriate way and with limited accessibility.
The managers need to have excellent communication skills in order to deliver their goal and
objectives of the organization to the employees.

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Leadership skills is very crucial skill that the manager needs to supervise their employees in the
organization.
Activity 2F
The workforce data is reviewed in order to make better decision and for future workforce
planning. The information the management might consider while reviewing data for the
predicted number of people retiring is the number of employees who are getting retired
(Liebregts and Stam 2019). This information is necessary in order to manage the workforce and
the job roles in the organization.
The age at which the employees are getting retired. This data is reviewed in order ensure that
whether there is any need of amendments in the retirement policy with regards to age of th
employee for retirement.
The financial data is also reviewed since while retirement there are certain benefits which are
provided to the retired employee. For example the age pension currently the organization pays $
505.70 (AUD) foe couples and $670.90 (AUD) for single person.
Activity 2G
While evaluation or reviewing of termination procedure the following questions might be raised:
Whether the procedure contains all the necessary information which is necessary to execute tye
process of termination (Ahmad 2019).
Do the organization practice different approaches for conducting termination and if yes what are
the approaches and how they are different from the other organizations?
Is there any need of improvement in the procedures or some amendments need to be made?

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Activity 3A
An exit interview is basically a survey of an employee who is leaving the company in order to
know the employee’s work experience and feedback and to amend necessary improvements.
Activity 3B
1.
The factors which must be considered in terms of what the exit interview process will involve
are:
The process must include the number of sessions whether the interview conducted was in one
session or two sessions.
The time taken for the interview, from the effectiveness of the interview sessions.
The process must comply with moral and legal requirements this may include the employee
confidentiality and other aspects such as ethical behaviour presented in front of the employee.
2.
In order to ensure that the exit interview process is clear and the staff are skilled the following
measures could be considered:
Creating an interview format where appropriate and effective questionnaires are made so as to
find the desired outcome from the employee (Salvador 2019). This will ensure that the employee
is well trained and adequate staff training is provided.
Ensure that the employees are periodically supervised and periodic feedback is given in order to
determine their competency and skills within the organization.
Choosing the interviewer, the interviewer must be competent enough to undergo with exit
interview. This can be assessed by reviewing adequate knowledge, skills and experience.

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Activity 3C
1.
Depersonalized is the term used when an individual is no longer a part of team and make
themselves impersonal from the organization.
2.
The methods of depersonalising the data may include:
Erasing the data of the employees such as personal information of the employee which includes
address, phone number, employee’s references and so on.
The information that may represent the identification of the employee.
Activity 3D
1.
In order to analyse data the organization uses many methods such as through computer software
for example to analyse workforce data human resource information system is used in
organizations (Salvador 2019). The organizations can also use manual data comparison and with
use of charts, spreadsheets and other visual aids.
2.
The improvements that could be made as a result of data analysis are:
The organization could implement new plans for staff training and employment
The organization can utilise new resources and technological advances in the operations for
analysis.
New policies and approaches for redeployment and redundancies in the organization.

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Assessment-2
Section-A
In the case of intention of getting performance back (Verbal Warning)
In the above case, an employee in order to gain performance on track has approached to a
misconduct which is against the organization’s rules and regulation. The employee intentionally
did some changes in the performance tracker with the use of software which are prohibited by
the organization.as soon as the organization finds out that he employee has been trying out some
serious misconduct with regards to performance tracker. This is a misconduct which could be
solved by informing the employee about the issue (Notenbomer et al., 2015). Since, this is not a
case of serious issue which would bring loss to the company the management could have a clear
discussion with the employee. The employer tries to convey the message through verbal
warning.
Verbal warning is an approach by the management in which the management have a clear
discussion on the issue with the employee who is guilty and discusses what has to be done next
(Salvador 2019).
According to the following case the employee is warned to not to do the same in future course of
action. The discussion may include suspension of the employee or reduction in the pay of the
employee.
In the case of written warning
Coming late to Office

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In the situation where an employee, Klaus is continuously coming late to office
regardless of his shift. It has been noticed that the employee for more than 15 days has been
coming late to office. Moreover, the team did not receive any kind of email from the employee
about the reason of coming late. The team leader Marcel had a conversation with Klaus
regarding the situation. However, the issue remained as usual with Klaus and he has been
observed coming late to office every day (Salvador 2019). The team leader took an action and
conveyed the message to the human resource department. The human resource manager took the
issue and gave a written warning to Klaus.
A written warning is similar to verbal warning but the conversation is formal and is presented in
a physical document.
The written warning includes the reason of writing the letter and what are the consequences of
the actions initiated by the employee. The consequences written represents the possible harm for
both, the employee and the organization as well. The written document also includes the
necessary steps the management may take if the issues are not resolved or is continued even after
written warning.
The organizations have policies for written warning and verbal warning as well.
In case of suspension
Misconduct in office
The human resource manager of an XYZ company has received a complaint from an
employee Rachel about sexual harassment by another employee Reek. The human resource
manager undergoes investigation for the following issue. There were many complaints marked
with regards to the same issue of Reek by other employees to their team members (Salvador

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2019). There is another employee who is a team leader who knew about the case and somehow
kept quiet. However, Reek was terminated due to misconduct in the organization. On the other
hand the team leader was suspended because of remaining quite even after knowing the situation.
The suspension of the team leader is without pay.
Dismissal
Dismissal is the term used when an employee is terminated by an employer due to the reason of
poor performance or misconduct in the organization
Terms of conditions of employment contracts
The terms of conditions of employment contract includes all the responsibilities and benefits of
the job which is agreed upon by the employee and the employer while hiring. In case of
dismissal:
Employee with serious misconduct could lead to dismissal of the employee.
Legislation and Awards
 Fair Work Act 2009 (Cth)
 Fair Work Regulations 2009
In case of claims with breach of contract and resigns and if the breach is serious the employee
tend to resigns and he may claim to unfair constructive dismissal and breach of contract.
Confidentiality Issue
Employee who happen to breach the confidentiality within the organization. This may be
with regards to an employee or the information organization will be dismissed from the

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organization. According to Common law duty of confidentiality, an employee must maintain the
confidential data of the organization (Notenbomer et al., 2015). On the other hand according to
“The Information Technology Act 2000” the law states the protection of data and privacy in the
cyber space.
Relevant disciplinary action
The disciplinary actions include the verbal warning written warning and suspension. The
employee will be subjected to disciplinary actions if there is any misconduct shown within the
organization. The following is taken into consideration with Disciplinary Action Law.
Exit Interview
Employees are subjected exit interview when they are leaving the job. This particular action is
approached in order to know the overall work experience of the employee and gain feedback for
further improvement (Notenbomer et al., 2015). There is no law on exit interview unless and
until there is a legally binding agreement with the employer.
Section C
1.
Policies and procedures to manage all aspects of employment termination according to
legislative and organisational requirements
Termination for misconduct
In organization in case of serious misconduct, a member of the organization will be terminated
immediately with not payment or notice (Ahmad 2019).

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Termination due to redundancy
If an employee or employer is terminated due to redundancy will be benefited with the same pay
before their notice period and there will be no deduction of salary. The payment will be
Job search entitlement
In the case where the employee is terminated the employee will be subjected to job search
entitlement on behave of the organization.
Notice period
There will be no notice period if the employee is subjected to misconduct. In the case of layoff
there will be a notice period of 2 months for the employee with the same benefit.
2.
To communicate effectively with employees to ensure they are aware of their rights and
responsibilities:
There is signed copy of Agreement and copy of manual will be provided to each and every
employee while joining (McGrath and Suen, 2019). When there is additional amendments the
employee can get information through company’s intranet.
The employees can get hard copy of agreements and manual at Store’s Managers office.
In order to communicate effectively the organization will provide space on notice board and
frequent mails will be delivered to the employees.
In order to have a two-way conversation there is a feedback panel for the members to provide
feedback regarding any matter.

20Manage Separation or Termination
In order to ensure staff have an appropriate skill-sets to conduct terminations:
The employee need to have certain skills and ability in order to handle termination. The
employees must have proper qualification on laws and legislation of employment.
The organization could take actions such as certain training programs to know the competency of
the employer. For example assessment centre, in assessment centre the employers is subjected to
many case studies and real events to deal.
The management must be provided to handle the termination by their own so that they could
know what and where are the areas they lack.
To use data from exit interviews to suggest organisational improvements.
While resigning there is a reason why the employee leaves the company, employer could use
their feedback and can assess necessary amendments in the organization in order to reduce the
rate of employee turnover.
The data could be beneficial for the organization to improve many areas of operations such as
training and development, amendments in benefits provided to the employees, to amend policies
and procedures, in terms of communication aspects. The organization may use different
strategies and motivational factors to maintain a healthy and safe environment for the employees
In this manner the organization will be able to promote effective changes and improve its overall
performance of the company. On the other hand if the feedback is positive the organization may
continue with the morale value and ethics of the organization.

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Reference and Bibliography
Ahmad, S.S., 2019. Termination Of Employment Upon Change In Ownership Of
Business. Journal of Malaysian and Comparative Law, 14, pp.95-108.
Bester, C., 2019. The weakest link: dismissals. Farmer’s Weekly, 2019(19016), pp.29-29.
Cornelisz, I., van der Velden, R., De Wolf, I. and van Klaveren, C., 2019. The consequences of
academic dismissal for academic success. Studies in Higher Education, pp.1-15.
Desrieux, C. and Espinosa, R., 2019. Scale for capped damages in case of unfair dismissal:
some empirical evidence. HAL.
Goold, B.J. and Lazarus, L. eds., 2019. Security and human rights. Bloomsbury Publishing.
Howe, J., Berg, L. and Farbenblum, B., 2018. Unfair Dismissal Law and Temporary Migrant
Labour in Australia. Federal Law Review, 46(1), pp.19-48.
Liebregts, W. and Stam, E., 2019. Employment protection legislation and entrepreneurial
activity. International Small Business Journal, p.0266242619836358.
McGrath, S. and Suen, B., 2019. Employment law: A fair day's pharmacy. Australian
Pharmacist, 38(1), p.84.
Morrison, K., 2019. HR Theory and Employment Law. In Management for Scientists (pp. 129-
145). Emerald Publishing Limited.
Notenbomer, A., Groothoff, J.W., van Rhenen, W. and Roelen, C.A., 2015. Associations of work
ability with frequent and long-term sickness absence. Occupational Medicine, 65(5), pp.373-379.

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Park, U.D., Boeker, W. and Gomulya, D., 2019. Political Ideology of the Board and CEO
Dismissal Following Financial Misconduct. Strategic Management Journal.
Priest, W.C., 2019. Risks, Concerns, and Social Legislation: Forces That Led to Laws on Health,
Safety, and the Environment. Routledge.
Salvador, R., 2019. Perceived forgiveness climate and punishment of ethical
misconduct. Management Decision.
Themistocleous, C., 2019. Avoiding unfair dismissals linked to redundancy. Nursing And
Residential Care, 21(7), pp.409-411.
Williams, S.G., Boulanger, C.N., Riche, Y.F.D., Wang, H., Weiss, J.G., Reed, A.C., Groene, R.,
Bathiche, S.N. and Ball, V.L., Microsoft Technology Licensing LLC, 2019. Computing device
canvas invocation and dismissal. U.S. Patent 10,168,894.