KK 7 Flashcards

1
Q

Termination definition

A

Where the working relationship ends up due to the employee leaving the business either voluntarily or involuntarily.

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2
Q

Voluntary termination methods

A

Resignation and Retirement

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3
Q

Involuntary termination methods

A

Retrenchment and dismissal

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4
Q

Voluntary termination definition

A

when an employee decides to leave a business either by resigning to go to another job or by retiring from the
workforce.

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5
Q

Resignation

A

when an employee decides to leave a business in pursuit of employment somewhere else.

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6
Q

Retirement

A

Voluntary termination where an employee decides to leave the paid
workforce with no intention of pursuing future employment opportunities.

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7
Q

Entitlement considerations for retirement

A

9.5 % minimum of wages is paid into nominated superannuation fund during their time of work -> able to access when you retire

any accrued entitlements e.g. annual leave and long service leave that has not yet been taken (retire with that leave untaken) -> you should be paid whatever that leave is worth

Employer must be advised in writing + period of notice

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8
Q

Transition retiree

A

Retiree: Counselling, investment advice services (superannuation advice to make sure funds are well managed), lifestyle counselling

employer and employee normally negotiate end date, such as end of calendar year or financial year.

Business: succession planning (Compensate loss of talent + experience) -> identifying people who are well positioned to take over role or recruits for the vacancy

a farewell function to thank the employee.

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9
Q

Why is an exit interview recommended for resignation?

A

This can highlight any areas of
dissatisfaction that caused the
employee to leave -> implement corrective action to ensure future employees aren’t faced with the same factors that may drive them away from the business

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10
Q

Exit interview resignation example (boredom)

A

boredom -> expand roles + responsibilities to make sure its’ more stimulating

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11
Q

Resignation entitlements

A

Payment for completed work + accrued benefits (legal requirements)
Business is entitled to terms of notice (usually 4 weeks)

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12
Q

Transition resignation

A

Succession planning -> lose access of skills + experience of an employee -> knowing where business can look for recruits or employees who can be promoted (bring in before employee leaves to assist with the transitioning into role)

Staff farewell employee (celebrate contributions the employee has made to the business + help build a supportive culture

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13
Q

Impact of voluntary leave

A

Loss of talent

Cost of replacement

Decline in morale

Breakdown of effective teams

Productivity could increase or decrease
(depends on effectiveness of employee
that’s leaving)

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14
Q

Redundancies arise when..

A

An employer is closing part or all of its business

Internal organisational restructure occurs

New technology is introduced

A business is relocating

The duties of the position are allocated to other employees

The business mergers or is acquired by another business

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15
Q

Main reasons for dismissal

A

Unsatisfactory work performance or Illegal behaviour.

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16
Q

redundancy

A

An employee leaves the business because their job no longer exists, and the people who held those jobs are retrenched

17
Q

Reasons for redundancy

A

An employer is closing part or all of its business

Internal organisational restructure occurs

New technology is introduced

A business is relocating

The duties of the position are allocated to other employees

The business mergers or is acquired by another business

18
Q

Redundancy employee entitlement notice

A

Employee must be notified in writing:

Reasons for termination

Period of notice

Actual date of termination

Redundancy payment

19
Q

Voluntary redundancy

A

Employee nominate themselves to take up redundancy

20
Q

Involuntary redundancy

A

Where the employee is forced to leave the job because it no longer exists

21
Q

Entitlements for redundancy

A

redundancy package- financial payment based on how long they have been working at the business. The amount they will receive will be outlined in their workplace agreement.

Time off work to attend job interviews and look for new employment + pay for the work they have completed

22
Q

Transition redundancy

A

Counselling, career counselling, assistance writing resumes, outplacement services and/or extra training to enhance their employability.

23
Q

Dismissal entitlements

A

A business must conduct appropriate counselling and disciplinary procedures before dismissal occurs.

Employer must provide employee with written notice – with the reasons for termination.

Notice period is based on the number of years of service.

24
Q

Dismissal

A

An employee is forced to leave the business for issues such as poor performance or serious misconduct.

25
Summary dismissal special exception
A long serving employee, of more than 5 years, must be given at least 4 weeks notice. This notice period is waved in the case of summary dismissal. Summary dismissal is SERIOUS misconduct, where no notice period is required.
26
Summary dismissal
An employer can dismiss an employee without notice or warning when the employee had had a serious breach of conduct e.g. theft or breaching safety standards
27
On notice dismissal
Due to underperformance or breach of policy, the employee can be dismissed on notice.
28
On notice dismissal process
given warning on their performance -> its recorded -> opportunity to improve -> if there continues to be reoccurrence -> employee will be notified of their termination
29
Fair works commission
Australia’s national workplace relations tribunal. It is an independent body that operates under the Fair Work Act 2009. Its role is to assist employees and employers to maintain a fair and productive workplace.
30
When can an employee make an application to FWC?
An employee may make an application to FWC for unfair dismissal if they have completed the minimum employment period of one year (if the business is small) or 6 months for other employers. Employee must believe that their employment was terminated for harsh, unjust or unreasonable reasons.
31
Unfair dismissal
Dismissal of staff that does not follow legal procedures; employees may seek to be compensated or reinstated.
32
How can an employee make a claim?
To make a claim; employee needs to be covered by an Award or Collective (enterprise) Agreement and earn LESS than the high-income threshold of $175000 per annum.