Case Study: Performance Management, Unfair Dismissal, and HR Practices

This case study examines a small security organization's HR practices through the lens of an unfair dismissal case. The organization lost the case because of failures in documenting performance issues, providing warnings, and following proper disciplinary procedures. The case highlights the importance of clear performance indicators, formal disciplinary processes, and impartial investigations. The organization failed to provide written warnings, specify timelines for improvement, or conduct a thorough investigation before terminating the employee. The analysis provides recommendations on how the organization could have successfully defended its position, emphasizing the need for proper documentation, adherence to legal requirements, and a fair evaluation process. It concludes with the correct way to terminate an employee, focusing on written warnings, documented performance reviews, and following a step-by-step disciplinary hearing process, which could have helped the organization avoid significant financial loss and reputational damage. The study underscores the importance of a systematic approach to performance management and termination to ensure fairness and legal compliance.

Case Study on
Manage Peoples performance.

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
A. Reason the organization lost its unfair dismissal case with fair work Australian..................3
B.What organization should have been doing for it to have successfully defended its position a
gainst Sam’s claim of unfair dismissal........................................................................................5
C. Correct way to terminate Sam with legal and firm requirements...........................................5
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................7

INTRODUCTION
Managing people performance is process in organisation which identifies efficiency of
employees and lay down some indicators of productivity. Human Resource Department is
responsible to undertake this tasks and be effective in evaluating performance of employees.
Most important aspect is to define clearly key indicators on the basis on which performance will
be measured and also Performance Evaluating System which defines uniformity in measuring
performance(Mohanty, 2019). This report in case study will identify loopholes in functioning of
HR department of organisation in laying down employment terms and conditions. Organisation
also faced lack of formal performance measurement that creates issues such as dismissal of
employees. At last some recommendations are given to address issues related to dismissal and
measuring performance of personnel which gives uniformity.
MAIN BODY
A. Reason the organisation lost its unfair dismissal case with fair work Australian
Sam is working as a programmer in the small security organization. There she was termin
ated from the company. The issues that were identified in the case were that she usually missed de
adlines of the project and took seven days leave without taking permission from authority. Due to
her irresponsible behaviour and inefficiency, organization has finally decided to terminate her
and after that she has filed case in Fair Work Australia (Al Shobaki.and Naser, 2016).
The major issues that were identified in work of Sam are-
Not having proper agreement
irresponsible behaviour
took leave without permission
1. No verbal or written warning-
Small security organization failed to present records in verbal or written against
Sam, while the investigation has been done. No written records are their against Sam. After Sam
file case against the organisation to terminate her without following proper procedures and fail to
present any record which proves that there was misconduct and inappropriate behaviour of
Sam(Malinowsky and et.al., 2018). They only have verbal agreement between the company and
Sam while join the company which does not have any proof of signed review of performance by
employer.
2. Not specified timeline-

Small security organization has not mentioned specific timeline for improvement of performance.
The manager claim that she was unable to meet her latest deadlines which is not in written
evidence. (McFadden, Stocka.and Gowen 2015).
Firstly, manager try to spend time to understand problems which Sam was facing and reallocated
resource to Sam in order to give extra time until she became confident and competent in using ne
w programme. Manager don't have any particular guideline and performance indicators to measur
e her performance. Without any relevant reason and proper investigation firm terminate the Sam.
So she decided to file a case against organisation.
3. Formal disciplinary process-
It is one of the main reason behind lost of the case as manager of small security organizati
on don't follow the disciplinary process, as manager not using proper guideline of employment
act(Gaynor, 2017).
Sam sent medical certificate to human resource department and certificate had been ascertain org
anization system. No performance management and development plans were presented by emplo
yees which shows that manager was not following formal discipline process of organization.
4. No impartial investigation carried out-
Human resource department and supervisor has directly dismissed Sam without having pr
oper investigation in the case to find out reasons of her delay in submitting work. On other hand
medical certificate provided by Sam which clearly draws out her reason to take seven days leave.
(Chen, Zhu.and Zhou, 2015).
No formal disciplinary has been taken place, before dismissal of Sam. Sam was not formally stoo
d down while investigation was carried out and there was no proof laid down by employer which
shows misconduct of Sam in respect to her work and attitude(Gattorna, 2015).
5. Senior manager was present in meeting
While decision was made regarding dismissal of Sam in
meeting, that time senior manager was present. No evidence was in hand regarding misconduct an
d dismiss of Sam. The only verbal agreement in between manager and supervisor while taking de
cision to dismiss the Sam was not as per the employment act. (Dhar,2015).
B.What the organization should have been doing for it to have successfully defended its position
against Sam’s claim of unfair dismissal

Employer has right to terminate any individual on bases of their inappropriate behaviour.
If attitude of employee is unacceptable then employer has rights to terminate the employee on
immediate bases as per the contract of employment. Working behaviour of Sam was
unacceptable, she has missed many deadlines of projects. Apart from this, Sam has left office
without giving any information on the same day to his senior authority and has not returned.
Implied terms of employment contract show good faith of employees towards work and fidelity as
well (Chen.and et.al., 2015). Sam was failed to justified both these terms and hence employer can
defend itself by using implied term of this act. It is clear violation of such implied terms by Sam
therefore, employer has rights to defend itself on this behalf.
The company should have proper method to evaluate performance of employee as to make
employee efficient regarding certain development in company. The company should establish key
performance indicator and management system to evaluate performance of
employees(Armstrong, 2016). There should be proper maintenance of employee file regarding
development and other performance indicator. The HR policies should be specific regarding
proper development and rules and regulation of employees in case of termination.
Sec 15 and 62, LA of employment act reflect that if employee is unable to perform its duties well
then employer has rights to dismiss that personnel (Ayers, 2015). In this case as well, Sam was
not meeting deadline and even was not able to use that programming language properly which has
made him incompetent towards work. Myers v. (Chevron Canada Limited 2013)BCSC 420 case
reflects that if employee is not performing up to certain level of productivity and company is not
satisfied with work of employee, then they can be terminated.
C. Correct way to terminate Sam with legal and firm requirements
The legal procedure followed by the organisation is given below.
 The firm need to maintain written warning against Sam as there was no written documents
that provides her progress. Such as Sales figure, Customer reviews as well as poor work
related performance evaluation documents (Chen and et.al., 2015).
 The firm also need to maintains records which claims that employee is poor in
performance and many extension has been given but productivity is not increasing.
 Senior Manager like Rob Should be appointed or look out case earlier when Sam
Performance was continuously in poor Phase.

 Organisation should also schedule meeting with Sam and allow her to explain her poor
performance and record all her statement in front of cameras ,so they have proof that
investigation has been done from organisation side in reviewing case (Dhar, 2015) .
 Firm's Human Resource Manager should keep original copy of Medical certificate so that
they provide at time of hearing
 This helps to provide the various documents in front of the court it shows that
Organisation already followed a disciplinary process to terminate the Sam and hence they
are not proved guilty.
Description of all the steps regarding to the performance review process.
 Organisation should take care of feedback from Colleagues who worked closely with
Sam, it is often called as 360- Degree feedback.
 Firm should never get into performance evaluation without any preparation of measuring
methods. There should be maintenance of document during performance review phase.
 Communication is essential for defining performance review as it consider as keyword.
firm should take care of meeting that gets converted into lectures sessions and
performance become less effective (Dode and et.al., 2016). Employees like Sam, yelled on
Human Resource Manager, there should be feedback system present in organisation so
that management can look into concerns of employees and must take corrective actions.
 There is performance management plan of employees presented by firm.
 Physical evidence is also provided which assist misconduct claim through manager as
there is need of witness that can verify about assault had taken place (Ayers, 2015).
A step by step guide of Disciplinary Hearing (in terms of employees).
 Organisation should invite formally of all employees such as through email or in writing
form to disciplinary hearing.
 The invitation letter must include details regarding to allegations as if possible outcome is
dismissal then it can be clearly addressed.
 Employer of firm cannot immediate pull out employees like Sam as there should be proper
procedure of informing employee, arranging meetings and then termination if same
misconduct or poor performance is continued from employee side. (Aryee .and
et.al.,2016).

CONCLUSION
From the above case study, it had been clearly understood that due to lack of pay
attention in employment terms and conditions, organisation failed to proved Sam guilty at the
court. There is the biggest drawback that organisation does not follow any systematic evaluation
system on the basis of which Sam was terminated. They had to manage all written documents
regarding to Sam's performance such as employment performance plan . At last due to lack of
evidence Sam win case and awarded $5,000 for lost salary as well as $5,000 for emotional
distress. Myers v. Chevron Canada Limited 2013 BCSC 420 case reflects that if employee is not
doing job well and company is not satisfied with work of employee then it can terminate them . It
concluded that Organisation had been followed a disciplinary process as there are correct ways
to terminate the Sam with legal requirements such as verbal or written warning provided to the
Sam so each and every organisation follows a systematic process Regrading to the termination
of the employees and do not faced such circumstance like in the Sam's case and also escaped from
such big loss.

REFERENCES
Books and journals.
Al Shobaki, M.J. and Naser, S.S.A., 2016. Performance development and its relationship to
demographic variables among users of computerized management information systems in
Gaza electricity Distribution Company.
Alegre, H. and et.al.,2016. Performance indicators for water supply services. IWA publishing.
Aryee, S. and et.al.,2016. Developing and leveraging human capital resource to promote service
quality: Testing a theory of performance. Journal of management.42(2).pp.480-499.
Ayers, R.S., 2015. Aligning individual and organizational performance: Goal alignment in federal
government agency performance appraisal programs. Public Personnel
Management.44(2). pp.169-191.
Breevaart, K. and et. al.,2015. Leader-member exchange, work engagement, and job
performance. Journal of Managerial Psychology.30(7). pp.754-770.
Chen, Y. and et. al., 2015. Linking market orientation and environmental performance: The
influence of environmental strategy, employee’s environmental involvement, and
environmental product quality. Journal of Business Ethics.127(2).pp.479-500.
Chen, Z., Zhu, J. and Zhou, M., 2015. How does a servant leader fuel the service fire? A
multilevel model of servant leadership, individual self identity, group competition climate,
and customer service performance. Journal of Applied Psychology100(2).p.511.
Dhar, R.L., 2015. Service quality and the training of employees: The mediating role of
organizational commitment. Tourism Management.46.pp.419-430
Dode, P. and et.al., 2016. Integrating human factors into discrete event simulation: a proactive
approach to simultaneously design for system performance and employees’ well
being. International Journal of Production Research.54(10). pp.3105-311
Ling, Q., Lin, M. and Wu, X., 2016. The trickle-down effect of servant leadership on frontline
employee service behaviors and performance: A multilevel study of Chinese
hotels. Tourism Management.52.pp.341-368.
McFadden, K.L., Stock, G.N. and Gowen III, C.R., 2015. Leadership, safety climate, and
continuous quality improvement: impact on process quality and patient safety. Health care
management review.40(1). pp.24-34.
Armstrong, M., 2016. How to manage people. Kogan Page Publishers.
Gattorna, J., 2015. Dynamic supply chains: How to design, build and manage people-centric
value networks. FT Press.
Gaynor, G., 2017. Managing for performance: managers who lead: leaders who manage. IEEE
Engineering Management Review, 45(1), pp.6-8.
Malinowsky, C., Fallahpour, M., Lund, M.L., Nygård, L. and Kottorp, A., 2018. Skill clusters of
ability to manage everyday technology among people with and without cognitive
impairment, dementia and acquired brain injury. Scandinavian journal of occupational
therapy, 25(2), pp.99-107.
Mohanty, J.R., 2019. SKILLING SELF TO BETTER MANAGE DIFFICULT
PEOPLE. Drishtikon: A Management Journal, 10(1).