unit 3 aos 2 part b Flashcards
termination
working rely ends due to employee leaving business either voluntarily or involuntarily
types of termination
- voluntarily
- involuntarily
voluntary termination
employee makes decision to leave
- can be thru retirement or resignation
involuntary termination
business decides to terminate employee
- can be thru redundancy or dismissal
termination management
employees must be treated fairly and lawfully
emotional for both parties
termination management involves … listed
- respect
- dignity
- the best interests of both the employee and the business in mind
entitlement considerations
legal obligations regarding the termination of employee contract
transition considerations
practices that may be considered when terminating employment
resignation
voluntary termination that occurs when employee decides to leave business
resignation can be for a variety of reasons … listed
- unhappy with their current job/bored
- moving location
- receive a better offer from another business
- start their own business
- wanting to change careers
- better working conditions elsewhere
(resignation) exit interview
manager asks series of questions to resigning employee
(resignation) exit interview questions asked … listed
- why they’re leaving
- how business can improve
(resignation) entitlements
employee is entitled to payment for work they’ve completed as well as accrued benefited such as payment of untaken annual leave and long service leave
for a resignation entitlement, the employee must need .. listed
provided advice in writing of their intention to resign
(resignation) transition strategies (business may provide) …. listed
- letter of reference or recommendation
- agree to act as a referee for the employee
retirement
employee decides to permanently leave paid workforce
retirement generally comes down to these factors … listed
- the age you can access superannuation
- qualifying age for the age pension
retirement entitlement considerations
employee is entitled to payment for work they’ve completed and accrued benefits; payment of untaken annual leave and long service leave
retirement entitlement considerations characteristics .. listed
- employee must provide advice in writing of intention to retire
- end date is usually negotiated
retirement transition considerations .. listed
- offer services such as counselling, superannuation or investment along with lifestyle planning
- gradually transition to retirement
impact of voluntary leaving .. listed
- loss of talent
- cost of replacement
- decline in morale
- breakdown of effective teams
- productivity could increase or decrease
redundancy
employee leaves business because their job no longer exists
when redundancies occur .. listed
- employer is closing part or all of the business
- restructuring
- new tech is introduced
- business is relocating
redundancy can be either … listed
- voluntary
- involuntary
voluntary redundancy
employees nominate themselves and take the opportunity to leave the business
involuntary redundancy
employees are asked to leave business
redundancy entitlements
employer must notify employee in writing of reasons for termination
redundancy package
financial payment based on length of service
redundancy transition considerations
provide counselling, career counselling, assistance writing resumes
dismissal
termination of employment by employer against the will of employee due to unacceptable behaviour or poor performance
summary dismissal
employer can dismiss employee without notice or warning when employee has had serious breach of employment contract or company policy
summary dismissal examples .. listed
- theft
- harassment
- fraud
- breaching safety
dismissal entitlements
entitled to full payment for work they’ve completed as well as annual leave and any payments for the notice given
dismissal entitlements must …
be given sufficient warning
dismissal transition considerations
business may introduce career transition services
involuntary termination positives .. listed
- reduction in costs
- change in structure of business
- removing employee undertaking serious misconduct in workplace
involuntary termination negatives .. listed
- loss of talent
- increased pressure on performance on remaining staff
participants in workplace .. listed
- HR managers
- employees
- employer associations
- unions
- fair work commission
workplace relations
area of business that manages relationship between employer and employees with respect to issues related to wages, employment conditions and workplace disputes
HR managers
responsible for managing relationship between business and employees
HR managers are involved in …. listed
- recruitment
- training
- employee motivation
HR manager role regarding work relations issues .. listed
- mediator
- manage disputes and workplace conflict
- implement new agreements
employees
those that work in business in exchange for revenue
employees role … listed
- work towards achieving business objectives
- carry out tasks in their job description
- follow business polices
in regard to work;ace relations, employees are involved in …. listed
- negotiating of new agreements
- voting yes or no to approve on a new agreement
- modify work practices in line with new agreement
- take industrial action if required
unions
organisation that offers advice, support or representation to employees regarding workplace relations issues in particular industry
role of unions .. listed
- offer advice or representing employees during negotiation of a new wage agreement
- offer advice to employees
- support and represent employees during workplace disputes
- organise industrial action (strikes, etc)
union membership
is voluntary and employees pay an annual fee
aim of the union
to get best wages and conditions possible without jeopardising financial future of business
employer associations
organisations that represent employers around workplace relations and issues
an employer association aims to assist employers with … listed
- advising in representing employers in workplace disputes
- notifying and assisting employers with change in legislation
offer advice or representing employers during negotiation of new wage agreements
fair work commission
a government body that’s Aus’s independent workplace relations tribunal
the fair work commissions roles .. listed
- deals with applications relating to unfair dismissal
- hearing unfair and unlawful dismissal
- regulates and monitors industrial action
Australia’s way of determining pay and entitlements … listed
- awards
- enterprise agreements
- minimum wage and national employment standards (NES)
- individual employment contracts
national employment standards (NES)
fair work act outlines employee protections known as minimum wage and the (NES)
the 11 national employment standards set out by FWC include provisions for the following …. listed
- maximum weekly hours
- requests for flexible working arrangements
- offers and requests to concert from casual to permanent employment
- parental leave and related entitlements
- annual leave
- notice of termination and redundancy pay
- fair work info statement and casual employment info statement
awards
set out minimum wages and conditions of employment for those in particular industry
awards characteristics .. listed
- are received by FWC to make sure they’re relevant for current economic conditions
- employees cannot be paid or receive conditions below those outlined in award
- the FWC is responsible for making different industry awards
clauses in the modern awards include … listed
- minimum wages
- award flexibility
- processes of resolution for disputes
- superannuation
- redundancy
types of employment (pt,ft, casual) - termination
- allowances
advantages of awards … listed
- less expensive as they’re providing minimum wages
- no time lost negotiating wages and conditions
disadvantages of awards .. listed
- employees may be unsatisfied by only receiving the minimum wages and conditions
agreement
between employer and group of employees on wages and conditions of work
collective/enterprise agreements
reached through process of enterprise bargaining
enterprise bargaining
negotiation between employer and employees with goal of making enterprise agreement
enterprise bargaining characteristics … listed
- once agreed on, is sent to FWC for approval
- is an expectation that employees and employers will enter negotiations in good faith
enterprise bargaining is primarily about the process and conduct of negotiations … listed
- attend and participate
- give genuine consideration
- disclose relevant info
- provide timely responses
individual flexibility agreement
individual employees may seek to have alternative arrangements for their conditions to suit their needs
individual flexibility agreement characteristics … listed
- all collective agreements must have flexibility clause in them
- agreement is based on collective agreement
before approval of individual flexibility agreement, the FWC ensures …. listed
- both parties have agreed on terms and bargained in good faith
- includes expiry date
- there’s no unlawful content in agreement
advantages of individual flexibility agreements … listed
- more flexible to needs of individual businesses
individual flexibility agreement disadvantages .. listed
- less wage equality and transparency across industry
- can be time consuming process
individual contracts
an agreement between employer and employee that sets out terms and conditions of employment
individual contracts characteristics .. listed
- cannot provide less than NES/awards/agreements
- often for highly paid employees
- any disputes that cannot be solved will be settled through courts
overview of despute resolution process includes .. listed
- mediation
- arbitration
conflict
disputes, disagreements or dissatisfaction between individuals and/or groups
conflict can arise for a number of reasons including .. listed
- negotiation of new wage agreement
- job security
- h&s issues in workplace
- harassment or bullying issues
dispute resolution
effective dispute resolution can help maintain good relationships with employees
industrial action
measures taken as a sign of protest
forms of industrial action … listed
- strikes
- lock outs
- work to rule
- picket line
- sabotage, absenteeism, vandalism
the industrial actions can result negatively in being … listed
- time consuming
- costly
- destroy employee morale and motivation
- damage long term employer-employee relationships
protected industrial action
action taken that’s approved by FWC
requirements that must be met for action to be approved … listed
- supporting claims in relation to enterprise agreement
- when existing agreement expiry date
- parties have tried to reach agreement
- employers given required notice
unprotected action
action not approved by FWC and therefore unlawful
typical dispute resolution process … listed
- listening to staff
- negotiating
- grievance procedure
- mediation
- conciliation
- arbitration
dispute resolution-negotiation
the least formal method of despite resolution, involves discussing issues between themselves to come to own resolution
negotiation characteristics .. listed
- works best with consultative/persuasive management styles
- help maintain positive relationships
dispute resolution-mediation
formal method where independent third party facilitates convo. parties come to their own agreement/resolution
mediation characteristics .. listed
-third party (mediator) will be independent or agreed upon by the parties in dispute
- mediator WILL NOT offer suggestions or solutions
mediation advantages .. listed
- disputing parties come to own resolution=more likely accepting of outcome
- helps maintain positive relationships
- generally more cost effective
mediation disadvantages .. listed
- no guarantee for a resolution
- voluntary, so don’t have to come to resolution
dispute resolution-arbitration
independent third party listens to both sides of dispute then makes decision based on arguments=legally binding on both parties
