Performance management assignment : Aly

Running head: PERFORMANCE MANAGEMENT
1
Performance management
Student Name
Institution

PERFORMANCE MANAGEMENT 2
In the case provided before fair work Australia, a plumbing manager lost his
job because he failed to follow the set policies of the organization. The company
had given clear instructions but the employee acted against the policies. This is not
the case with Madrigal Engineering supervisor who sacked an employee and there
was no set policies and no clear instructions on how to perform the duties. In the
case of Aly V Commonwealth Bank of Australia, Aly was warned for not following
management set procedures and policies. Feedbacks inform of warning will help the
organization win cases of unfair dismissal. For the case of Madrigal Engineering, the
supervisor did not warn Oscar against coming to work late or even misconduct. Aly
lost the unfair dismissal case as the Bank could prove that the employee did not
follow the set standards. The decision was backed by contents of minutes of
meetings that set the policies. Madrigal Engineering had poor documentation and
they could not support the decision to dismiss Oscar and led to loss of the case.
The firm is also supposed to provide procedural fairness when dismissing
employees. In the cases of Heidi Cannon V Mornington Peninsula-based poultry farm
and Diana Menabue V V Bush in Altona, Heidi and Diana fought successfully against
dismissal on the spot by the firm. Madrigal Engineering did not give Oscar a chance
to respond to the allegations and that is why they lost the case. Employee should be
given a chance to defend themselves as sacking on the spot is illegal and
employers loss such unfair dismissal cases. The procedure also involves
investigating the allegations against the employees so as to avoid unfair dismissal.
Employees who commit same mistakes should bear the same punishment
regardless of the gender involved.
In the case of Anderson V Thiess Pty Ltd [2014], Anderson was sacked for
sending offensive message but won the case on the grounds that , no written