Assessment Task 3: Analysis of Employee Performance and Legal Case

This report analyzes a case study involving an employee named Sam, focusing on issues of performance, misconduct, and the legal ramifications of inadequate documentation and HR procedures. The analysis highlights the critical role of thorough documentation in disciplinary actions, performance appraisals, and legal proceedings, particularly in relation to the Fair Work Act of 2009. The report emphasizes the importance of recording all meetings, warnings, and performance evaluations to protect the organization from legal challenges. It explores the consequences of lacking evidence and proposes solutions such as implementing a system of written and verbal warnings, regular performance appraisals, and the presence of multiple personnel in meetings. The report also identifies the conditions that contributed to the incidents, the required documentation, and the stages in which documentation is essential. The report also discusses the importance of following internal policies and the Fair Work Act to ensure fair treatment of employees and avoid legal predicaments. The report concludes by detailing the essential documents that would have supported the organization's case, and the importance of HR specialists in ensuring correct documentation and procedures at each stage of the disciplinary process.

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.

Assessment Task 3 4
Q6: The documentation regarding the missed deadlines would have been the first document
that should be provided to verify that it was against a non-performing employee. Testimonies
from other employees in the organization, regarding the performance of Sam, would also
have been used to ensure that Sam would be declared an employee who was non-performing.
The medical records of Sam, which would have included the original medical certificate
would also have been proof. Pictures taken of the manager immediately after the physical
assault would have shown that Sam had physically assaulted another employee, and the
meeting records would have indicated the reason for the meeting, would have been
documented which would have gone in support of the company. These are all documents that
could have been submitted to prove that Sam was a non-performing employee and should
have been terminated.
Q7: In the first stage, which was about organising meetings, there should have been
documentation and HR personnel present, so that there would be witnesses to anything that
was said or done during the session.
Documentation would have also been efficient in the stages of preparing and conducting
appraisals. HR should have been called to help with the appraisals. At this stage, it would
have been essential to conduct appraisals of Sam.
Documenting the outcomes would also have required the documentation process.
The final stage of scheduling follow-ups would have meant ensuring that Sam’s performance
was followed closely.
In the first stage in disciplinary hearings, which was when the investigation was initiated, HR
specialists should have been called, so that documentation was presented smoothly.

Assessment Task 3 5
When the employee stood down, and the investigation outcome was reported, it should have
been documented thoroughly. In this process, the employee would have removed their
assertiveness, and the result of the internal investigation would have come out.
In the final stage, where disciplinary action was applied, was where the employee was
terminated, and at this stage again, HR specialists would have been needed.
At each stage, written documentation of the proceedings, and witness testimonials should
have been collected (Budworth, M., Latham, G. and Manroop, L. 2014).

Assessment Task 3 6
References
Budworth, M., Latham, G. and Manroop, L. (2014). Looking Forward to Performance
Improvement: A Field Test of the Feedforward Interview for Performance
Management. Human Resource Management, 54(1), pp.45-54.
Pekarek, A., Landau, I., Gahan, P., Forsyth, A. and Howe, J. (2016). Old game, new
rules? The dynamics of enterprise bargaining under the Fair Work Act. Journal of
Industrial Relations, 59(1), pp.44-64.