Manage Separation or Termination: A Comprehensive Overview

This document comprehensively addresses the management of employee separation and termination, covering various aspects such as unfair dismissal, redundancy, redeployment, and constructive dismissal. It explores disciplinary processes, including key steps, requirements for an effective system, and procedural fairness. The assignment delves into practical scenarios, offering insights on handling redundancies, communication strategies, and legal obligations, including those related to employees on maternity leave. It examines the roles and responsibilities of HR managers in managing misconduct, negotiation, and decision-making, along with the essential components of an employment contract. The document also analyzes real-world case studies, providing recommendations for improving HR practices and maintaining positive employee relations during times of organizational change. It further includes checklists and references to support the discussed concepts.

Manage Separation or
Termination

Table of Contents
Question 1...............................................................................................................................1
Question 2...............................................................................................................................1
Question 3...............................................................................................................................1
Question 4...............................................................................................................................1
Question 5...............................................................................................................................1
Question 6...............................................................................................................................2
Question 7...............................................................................................................................2
Question 8...............................................................................................................................2
Question 9...............................................................................................................................3
Question 10.............................................................................................................................3
PART A...........................................................................................................................................3
1..............................................................................................................................................3
2..............................................................................................................................................4
3..............................................................................................................................................4
PART B............................................................................................................................................4
1..............................................................................................................................................4
2..............................................................................................................................................5
3..............................................................................................................................................5
4..............................................................................................................................................6
5..............................................................................................................................................6
6..............................................................................................................................................7
PART C............................................................................................................................................7
1. Teacher profile....................................................................................................................7
2. Number of retirement.........................................................................................................8
3. Succession planning...........................................................................................................8
PART D...........................................................................................................................................9
Developing code of conduct for Measurement Control Pty Ltd............................................9
Developing document for progressive discipline process....................................................10
Fair Work Commission checklist.........................................................................................10

REFERENCES..............................................................................................................................12
APPENDIX....................................................................................................................................13
Fair work commission checklist...........................................................................................13

Question 1
Fair Work Act, 2009 provides direction on termination of employees especially whether
it is unlawful and unfair. Unfair dismissal is an act of unlawful termination which is done
without providing any reason. Thus, it is all about when an employee is dismissed from their job
without any good reason. Whereas, unlawful dismissal is occurring when an employee is
terminated with a reason which is illegal or unlawful.
Question 2
Redundancy is all about a process of terminating employees from their employment
because of many business reasons. There are many circumstances through which an employee
becomes redundant such that closing down a business, implementing of artificial technology that
made job unnecessary and dissolving a job profile as well.
Question 3
Redeployment is all about when a staff member leaves their old job role and then start in
a new one within a same company. Thus it means employee taking a completely new job with
new title. On the other side, retrenchment is all about terminating an employee due to surplus of
labor an incapacity of an employees and as a result, they are not not match with performance
standards (Hohberger, Kruger and Almeida, 2020).
Question 4
Outplacement refers to the service with is provided by the firm in order to assist
employees to determine the new employment after leaving their job. So this service is offered to
the people with an aim to provide better job opportunities to the candidate who are seeking for a
job.
Question 5
Constructive dismissal is that situation where an employees are forced to leave their job
because of their employer's conduct. Thus, a resignation could be a result of a bad working
condition or may be change in term of employment that force employee to quit with no other
choice.
In order to ensure that resignation is not considered to be a constructive dismissal,
manager should manage the change and tries to negotiate with employers that helps to solve the
objections between employer and workers (Tanjung, 2020).
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Question 6
1. Steps of discipline process
 Get an initial understanding that helps to determine the actual loopholes.
 Investigate thoroughly in which listen to both employee and employers.
 Invite an employee to a disciplinary meeting to provide advice.
 Perform the disciplinary meeting
 Make an action by considering views from both parties.
 Confirm the outcome in a written format
2. Key requirement of effective disciplinary system
 Training of the supervisor is necessary
 Centralization of discipline
 Information regarding penalties
 Proper documentation
 Impersonal discipline
3. The process of discipline is both developmental and punitive. The major reason for this
is that if the discipline process is followed in proper and effective manner then this will
increase the knowledge of the person. On the other side if the person is not following the
discipline process then they will be punished.
Question 7
In order to ensure that procedural is followed when disciplining an employee, manager
should make sure that there is no bias and decision is taken on the basis of evidence and facts
that completely support the parties and decision.
Question 8
Exit interview is performing for three reason such that to determine where the company
may improve itself, ti examine that employees feel good about the offered services and to
promote workers to stay under new circumstances (Gures and et.al., 2020). Another benefit of
conducting an exit interview for an organization is such that it identifies the loophole of a
company which will be improve by using effective strategy and this in turn foster the positive
relationship as well as improve working environment too.
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Question 9
HR manager should possess effective negotiation skills that helps to deal with
complexity and convince the people to generate the right decision. In company, to manage the
misconduct, HR manager should possess the communication skills that helps to provide solution
and reduce the chances of conflicts. A strong decision making skills is another attributes that
assist to make disciplinary decision action against employees (Sofie and Fitria, 2020). Moreover,
HR must possess knowledge with regards to legal laws that assist to let employee understand
about the policies and procedure that assist in smooth functioning of a business.
Question 10
In an employment contract, ensure that these things are included such that:
 Job information
 Compensation and benefits
 Time off, sick days and vacation policy
 employee classification
 Employment period
 Confidentiality agreement
 Termination terms and policy
 Outplacement plan information
 Requirements after termination
There is a need to think when considering the termination of an individual's employee contract
because it will help to determine the actual pay and job profile of an employee and then make
changes accordingly.
PART A
1
HR manager of Toyota did not consider time of the redundancy conversation and thus
they make actions quickly that affect the overall results in negative manner. On the other side,
HR did not develop proper strategy for employee's action and this in turn affect relationship with
employees adversely. As the decision of physically moving out of organization was so fast,
where employee do not take time to reach and HR also did not have effective strategy due to
lack of clearly understood policy. Apart from this, HR did not organize better support in order to
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handle the employee’s redundancies which in turn affect the overall performance of the
company in negative manner (Skowronski and Bedi, 2020). Further, HR also did not easily
accepting the change in proper way which also considers another mistake of HR.
2
In order to manage the situation in better manner, it is suggested to the company to
develop strategy like shift their moderate experience employees towards another branch so that
they also get an opportunity to prove their efficiency. In addition to this, to preserve the Toyota's
brand image, it is also suggested to the company to comply with the laws and regulation
prescribed by the Australian government which includes employment act and equal opportunity
act. Along with this, company need to develop transparent and fair criteria for selected excess
staff. It is clearly identified from market situation that vehicle industry in Australia disappeared
altogether and that is why, senior management should clearly communicate with staff and make
them aware with situation. Toyota may also handle the movement of employees
compassionately and help in redundancy and retrenchment process.
3.
It creates negative impact upon the remaining employees such that they may feel low and
their morale is also lower down along with breakdown in trust. Therefore, this may also result
into difficulties in retaining staff and increases in absenteeism may also create negative impact
(Rabitz, 2019). Taking this action creates opposite impact upon employees because they start
leaving the company because there had been a conflict within a business between Toyota’s
management and Union. Thus, Union may have been creating some anger to employees and
called media to publicize which is not ethical, thus it causes negative impact upon overall
business brand reputation.
PART B
1
In order to deal with redundancy situation, there is a need to update the policies and
procedure such that company should develop a redundancies policy which is a document that set
out the procedure which follow by a business to make staff redundant. Also, a special team
should be hired that helps to solve the issue and minimize the error by providing assurance to
continue their work. Within their policy and plan, there is a reduction in redundancy pay from 16
weeks to 12 week for those employees who work with at least 10 years continuously, which is
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effective from 2004. Moreover, company should provide valid reasons to their employees before
redundant and this in turn improve the trust.
2
Company will have retrenched 80 employees and for that they have to select those
employees who are under experienced. Such that it uses LIFO (Last in First out) method in
which company selected those employees who comes last and also uses length or service in
order to retrench the employees. These criteria support the firm to identify which employees
should be retrenched (Hughes, 2018).
On the other side, looking at performance it is analyzed that may be people are not
experienced but they might be good workers and better than older ones. This in turn help to
retain the productive workers and minimize the error.
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Steps Action Tenure Who is
responsible
Reason In order to expand the business in Philippines, there is a need
to redundant or redeployment employees.
1 month BOD and
Managers
Roles which will
be placed at risk
There are 80 employees who will be redundant and company
also redeploy the same in order to meet the need of a company
2 week HR
manager
Selection criteria The criteria of redundancies I as mention below
 Length of service
 performance record
 Absenteeism record
3 week HR
manager
Consult in
meeting
Involve all the shareholders in order to conduct the meeting
where different people will share their views in order to select
the best method of redeployment and redundancies
5 days Senior
managers
Consider
alternatives
After consulting with the stakeholder, develop an alternative
that assist to meet the define aim and execute the plan in
effective manner.
3 days Manageme
nt
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Final consultation After considering with all the members, plan is executing and
total number of employees are selected that need to be
redundant.
2 days
Support for those
who go
A farewell is planned for those employee who have a last day
in company
1 day Manageme
nt
4
In order to develop separate communication and consultancy strategy it is suggested t the
company to conduct a meeting that helps to communicate the entire scenario with each other
which in turn helps to identify the workers who are affected the most before implementing any
redundancy process. Such that by conducting the meeting in which face to face discussion is
performed that helps to analyze the actual strategy adopted by the company with an aim to
minimize the redundancies. Also, it is examine that in order to discuss on this sensitive issue,
CEO must develop a professional meeting in which important members who share their views
and concluded the results which in turn help to solve the problem up to some level (Arnow-
Richman, 2020).
In addition to this, this communication strategy is quite helpful for the company because
it will assist to focus upon the exchange the information instead of one-way flow information
from working groups to stakeholder. Therefore, consulting with each other will help to provide
own judgment about the risk and develop a best decision for the welfare of a company. This
communication strategy must be developed before implementing redundancy plan so that it will
helps to generate the valid outcome as well.
5
The legal obligation with regards to two employees who are on maternity leave is such
that they can’t be made redundant and as a result, employers should employee her under the
existing contract. It is because, their positions are no longer required. Nevertheless, there is no
such action taken by employers until they return from their leave. Thus, an employee must
entitled to be offered a suitable alternatives vacancies in order to start immediately once the
contract ends i.e. redeployment to other jobs. In this, the company should also make sure that
alternative vacancy is identified then the women can be redeployed (Meschi and Norheim
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Hansen, 2020). So, it is up to women to either choose to leave whilst they are maternity leave in
which case they will be paid for their maternity leave and other redundancy payments. Also, as
per the case law, it is analyzed that protecting women from such redundancies selection may
also rise to sex discrimination which further claims from men who are included in the selection
process.
Therefore, it is analyzed that protection employee on maternity leave is effectively in a
pool of one because no-one else carries the same work which is played by the employee. Though
company have a right to reduce the number of employees as per their requirement but it does not
mean that they are offense any legal obligation. That is why, under employment contract it is
clearly mentioned not to redundant employee who are on maternity leave.
6
In order to conduct the exit interviews, company' HR manager should provide a form to
all the affected employees who will answer the questions mentioned in the exit form. Further,
interview will be conducted by HR manager in which HR ask questions to their employees with
regards to their performance and weaknesses which a firm faces etc. As most of the manager did
not understand the importance of exit interview but it is important for the company to conduct
the same (Reason of conducting exit interviews, 2020). As there are many people, so a contractor
or consultant may be hired in order to assist HR.
Though it is not legally required but it assist the company on notice of potential lawsuits.
Moreover, it also assist to pinpoint opportunities for an employee development and raise the
management issues which needs to be solved so that it will help to meet the define aim of a
company. Also, through exit interviews, company is able to analyze the honest reviews from the
employees and they also provide insights into a perks and advantages which draw them towards
a competitor.
PART C
1. Teacher profile
As per the above article studied it was clearly stated that the old school is having maximum
teacher above 50 and this is not good for school. Thus, for this the job advert for attracting
younger teachers is as follows-
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2. Number of retirement
As per the analysis of the information it is clear that in the next three years the retirement from
the old school will be many and because of this we are requiring the new and young teachers
who can effectively train the students for a longer. Thus, the approximate retirement will be
around 6- 8.
3. Succession planning
The succession planning is essential as the old school must give some benefits to the retiring
teachers. This is majorly pertaining to the fact that when the person is retiring from a post then
they are not having any other employment as they have become older. Thus, for this old school
must provide some benefits to the retiring teachers. In this old school must give some benefit of
some pension scheme or some percentage of their salary for lifetime.
Along with this the succession planning is also necessary so that the there are not any problem
faced by the school or the teacher themselves. Hence, for this the experience of the past or the
retiring teacher will be used in order train the newly employed teachers that how they can
effectively meet the requirement of the student and the school.
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This is to bring to your notice that out Old School is hiring new teachers targeting the
teacher which are capable and efficient. The school is already having a good reputation and
the quality of services provided here are very good. So the interested candidate kindly
comes for a personal interactive session between 9 am to 12 pm.

In addition to this the old school must also provide some benefit to the new teacher joining the
school. This must involves providing time to time training and induction to the new teachers so
that they get acquainted with the latest working pattern and the other latest changes in the
business environment. This succession planning is very important because of the reason that
with help of this the mentoring and coaching can be given to the younger teachers that how they
can effectively handle the student. Along with this the retiring teachers can also be asked to
work as part time teachers or to provide some guest lectures. This will be assistive to the newly
hired teachers and the student as well.
PART D
Developing code of conduct for Measurement Control Pty Ltd
Customer and supplier relationship- under this comes the relation which the company has
to maintain with the consumer and supplier of the company. the major reason for this is that if
the employees of the company will have good relation with the company then this will increase
the performance of the company. For this major responsibilities of employees are-
 Act honestly
 Communicate all the information to the consumer and supplier correctly
 Perform the duty in ethical working
 Comply with all the rules and regulations
Workplace relationship- this is also an important part in the proper management of the
company and its operations. For this major guidance for the employees are-
 Complying with the health and safety act
 Managing good relation with one another at workplace
 Proper formal communication and informal communication as well.
Work practices and performance- this involves the working criteria for the company and
the employees that is how well the employees are working and whether the company is abiding
by the practices of working. This involves the following-
 Every work must in ethical and morally correct manner.
 For measuring performance, the employees must reach the minimum standard set
 The employees must achieve the target in any condition.
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