Critical Analysis of HRM Management: Report on Industrial Relations

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This report offers a comprehensive critical analysis of HRM management, addressing key aspects such as disciplinary procedures, employment contracts, and industrial relations legislation. It delves into unfair dismissal, employee suspension rights, voluntary termination, and genuine redundancy. The report also explores the focus of industrial relations practices and regulations, enterprise bargaining, and workplace bargaining processes. Furthermore, it provides a list of relevant entities and expert sources in the Australian industrial relations system, along with an examination of organizational policies and procedures in managing employee relations. The report also analyzes performance management systems, covering legislation, key performance indicators, and various performance management methods. It explores employee engagement, formal session structures, documentation, feedback, performance gap identification, and addressing both excellent and poor performance, including termination procedures and improvement plans. Finally, it addresses training for managers and supervisors, grievance procedures, and learning and development plans.
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Running Head: CRITICAL ANALYSIS OF HRM MANAGEMENT
Critical analysis of HRM management
Name of the Student
Name of the University
Author’s Note
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1CRITICAL ANALYSIS OF HRM MANAGEMENT
Table of Contents
PART A:..........................................................................................................................................2
1) Identify and describe disciplinary procedures? (Minimum200 words)...................................2
2) Describe employment contracts including terms and conditions?..........................................2
3) Outline unfair dismissal, the right to suspend employees, what voluntary termination is and
what genuine redundancy is?.......................................................................................................4
4) Summarise industrial relations legislation and outline how a determination is made as to
whether dismissal is unfair under legislation? (Minimum 150 words).......................................5
PART B:..........................................................................................................................................7
1) Describe in 150 -170 words, the focus of industrial relations practices and regulation?........7
2) Briefly explain the enterprise bargaining, and workplace bargaining and agreement
processes?....................................................................................................................................7
3) Conduct sufficient research to make list of at least 30 relevant entities and key sources of
expert industrial relations advice in the current Australian industrial relations system?
(Include courts, tribunals, trade unions, and employer bodies.)..................................................9
4) What are the key features of organisational policies and procedures, in the context of
managing employee relations?..................................................................................................11
How do they impact on the organization’s employee relations objectives?..............................11
List eight policy areas that contribute to good workplace relations, and the achievement of the
organisation’s objectives? (300 -350 words).............................................................................12
PART C:........................................................................................................................................13
• Why a performance management system is needed?..............................................................13
• Legislation related to performance management?...................................................................13
• The organization’s strategic, and operational plans?..............................................................14
• The development of KPl (Key Performance Indicator)?.........................................................14
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2CRITICAL ANALYSIS OF HRM MANAGEMENT
• Options/methods of performance management.......................................................................15
• Engaging employees in formal performance management sessions.......................................15
• The structure of formal performance management sessions?.................................................15
• Documenting and storing performance management reviews?..............................................16
• Providing feedback?................................................................................................................17
• Gaining support for their performance management system?.................................................17
• Identifying and dealing with performance gaps?....................................................................17
• Acknowledging excellent performance?.................................................................................18
• Addressing poor performance?...............................................................................................18
• Procedures for termination employees?..................................................................................18
• Creating and implementing performance improvement plans?..............................................18
• Training managers / supervisors who will participate in the feedback process?....................19
• Grievance procedures for employees who disagree with their performance appraisal?.........19
• Career advice?.........................................................................................................................19
• Learning and development plans?...........................................................................................20
• Training methods?...................................................................................................................20
References......................................................................................................................................21
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3CRITICAL ANALYSIS OF HRM MANAGEMENT
PART A:
1) Identify and describe disciplinary procedures? (Minimum200 words)
According to the author (Erasmus et al., 2016), discipline is the means through which an
organisation makes sure that the activities of the organisation fall in the right path of activity. It
is the disciplinary procedures that make sure that the activities of the organisation. The
identification of the disciplinary activities is being undertaken based upon the nature of the
concerning business firm. On the other side, there set of standard rules is being prepared to keep
into view that any illegal activity or any activity which is against the general right of the
company and that of the individual employees is to be prohibited within the organisational
premises.
Figure: management disciplinary process
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4CRITICAL ANALYSIS OF HRM MANAGEMENT
Source: (Lucidchart.com, 2019)
It is an effective tool for managing and dealing with that of the perceived employee
misconduct and that of any unacceptable act. However, it varies with that of the formal and that
of the informal processes. Informal disciplinary procedures are not possible to be codified, and it
is being handled and taken care by the top management authority such as that of the senior most
or the middle most manager of the company. On the other hand, formal procedures are being
codified within the company’s handbook and that of the employment contract and are being
followed by the employer of the concerning organisation as of the fact, but any disagreement
regarding the handling can result as the employment tribunal (Arulrajah et al., 2015).
2) Describe employment contracts, including terms and conditions?
An employment contract is a legal document that outlays the terms and conditions that is
suitable and is prepared taking into consideration the nature of the concerning employees and
that of their activities that is required to be carried out during the working hours within the
organisational premises. An employment contract is being prepared in the presence of the top
senior professionals and that of the concerning party’s. The terms and condition state how the
employee is expected to behave and the extent of the responsibilities that are associated with that
of the concerning employee. On the other hand, the various set of key responsibilities that are
required to be performed by that of the concerning employee is required to b well discussed
within this statement.
On the other perspective if the employee fails to maintain the decorum of the concerning
agreement that the firm take any legal action against the employee which will be justifiable and
legal in the court of law (Nankervis et al., 2016).
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5CRITICAL ANALYSIS OF HRM MANAGEMENT
Terms and conditions within the employment agreement are as follows:
Right to the position that is being assigned to that of the concerning employee, the right to
position stays for a specific fixed amount of time.
The pay structure in which the employee will be paid in terms of the set of activities that will
be performed by the professional.
The ethical code of conduct in which it is being mentioned that the employee is being
prohibited from undertaking any illegal activity or any act that may hamper the normal
functioning of the business environment.
Norms and practices that are to be maintained while the individual is within the concerning
organisational premises.
One of the initial statement that is being mentioned within the agreement is that use of any
drugs within the specific organizational premises is being prohibited and the organization
may take serious action against the particular body.
3) Outline unfair dismissal, the right to suspend employees, what voluntary termination is,
and what genuine redundancy is?
Unfair dismissal practice is the act of eliminating any performing employee without any
justifiable reason. This is a negative act. If the employee is certain that the company does not
possess any serious legal right against the body, then he may apply to the justice body of the
organization or the top authority body (Shields et al., 2015), or may even appear within the court
of law. On the other hand, this practice sometimes even takes place because of the act of senior
professionals that undertake the termination activity as because of the personal thoughts and
needs. An act has been formulated for this particular concern, the act of Equality Act 2010 makes
sure that no such body gets affected because of the misuse of power or for personal reasons.
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6CRITICAL ANALYSIS OF HRM MANAGEMENT
The right to suspend any concerning employee will be only carried out upon the
identification of any such activity that is is not stated within the introduction of the agreement, or
any such activity that hampers the normal functioning and that of the reputation of the firm. On
the other hand, this set of activities is not considered to be formal, and it affects the normal
functioning of the other employee nearby. To eliminate any further chaos within the
organisational premises, the concerning body is being eliminated (terminated), with the hope to
maintain peace and harmony in the working and to focus on the formulated activities of the firm
(Sargeant et al., 2016). The management body is required to outlay a justifiable and positive
reason for which the employee is being terminated for this an act has also been formulated,
which is addressed as the Employment Rights Act 1996.
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7CRITICAL ANALYSIS OF HRM MANAGEMENT
Figure: Dismissal process
Source: (Lucidchart.com, 2019)
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8CRITICAL ANALYSIS OF HRM MANAGEMENT
A voluntary resignation is a positive act, in which the employee is desired to leave the
workplace it might be due to the fact the employee has got a better job opportunity or maybe
because the employee wants to leave the present firm. Then the employee is required to serve a
notice period; this notice period differs from one organisation to another organization. Usually a
notice period is composed of a period of about 15 days to about one month. Generally, it may
also be about two months. This is legal and is acceptable by the management body. AN
employee is prohibited to exit from the organisation upon his/her choice preference. The subject
is required to introduce a formal agreement that states that he will be leaving the organisation, so
that any present charge, responsibilities may be cleared.
The act of genuine redundancy refers to the practice of leaving the concerning ongoing
organizational premises as of the reason because the employee may not be able to work at the
present organisation because of the changes that have been taken place. This changes may be
favourable for the concerning business firm but may not be favourable for the performing
employee of the organisation (Taylor et al., 2015). Example of such may be the closure of the
site in which the individual used to work, the changes in the responsibilities and that of the job
roles. The change in the work process and much more are some of the key factors for genuine
redundancy.
4) Summarise industrial relations legislation and outline how a determination is made as to
whether dismissal is unfair under legislation? (Minimum 150 words)
The industrial legislation act, according to this specific act which was inaugurated in the
year of 1967. It outlays that each of the performing employees has equal rights within the
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9CRITICAL ANALYSIS OF HRM MANAGEMENT
organizational premises. On the other hand, the right to safety of the employees, the right for
employee satisfaction, and various other rights are being mentioned within this specific law.
The employee’s deed or any specific activity is to be decided upon the presence of the
other senior professionals. On the other hand, the concerning employee is to be evaluated
whether the presence of ethics or corporate norms lacks or not. The employee is to be evaluated
based on the comparison; the comparison will take place regarding the act that has been
performed by the concerning employee with that of the corporate rules and regulations
(Charlesworth et al., 2014).
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10CRITICAL ANALYSIS OF HRM MANAGEMENT
Figure: Disciplinary flow chart
Source: (Lucidchart.com, 2019)
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11CRITICAL ANALYSIS OF HRM MANAGEMENT
PART B:
1) The focus of industrial relations practices and regulation?
The primary focus is to achieve peace and harmony within the organisational premises
and to safeguard the interest of the employees along with that of the firms. This industrial
relations regulation and practices are undertaken to make sure the flow of authority stays in
fewer potential hands, the deserving one. To eliminate any uncertainties that are associated with
that of the firm and to make sure that the working of the firm aligns within the right path of the
track. On the other perspective, by making use of this legislation act, the employees generate a
sense of feeling that their safety is being introduced. Thus, enabling them to gain much of the
confidence and contribute towards the achievement of the organisational goals (Wright et al.,
2014).
This industrial relations regulations and practices have been formulated to main the
corporate ethics and that of the legal aspects within the organisation premises.
2) Briefly explain the enterprise bargaining, and workplace bargaining and agreement
processes?
The act of enterprise bargaining is mainly followed within the region of Australia.
According to this specific bargaining system the employee’s bargains with that of the senior
most HR or that of the operations manager or that of the floor manager to negotiate with that of
the working conditions that may be favourable in the eye of the concerning employee. On the
other hand, the concerning employee and that of the concerning organisation both tries to
safeguard their interest and that of their sole objective. On the other side, this bargaining system
helps the management body to understand the expectations that the employee seeks from the
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