b

Cards (66)

  • what is termination management?
    process whereby a business and employee end their employment contract with one another.
  • What retirement?
    it is the voluntary form of termination where an employee decides to leave the paid work force permanently.
  • When an employee can retire
    • any age
  • why would employees want to retire?
    • they are at age where they can access super
  • What is redundancy?
    involves an employee no longer working for a business because there is insufficient work or their job no longer exists.
  • When might an employee made redundant?
    • The business introduces new technology and the role can now be performed by a machine
    • The business slows down due to lower sales or production
    • The business closes down entirely
    • The business relocates interstate or overseas
    • The business restructures as a result of a merger or takeover
  • What is resignation
    it is a voluntary form of termination where an employee choose to leave the business, usually to go to another job
  • What employees are required to do before they resign?
    they need to give a period of notice to the employer
  • What is dismissal?
    Dismissal (referred to informally as firing or sacking) is the involuntary termination of employment by an employer if they fail to meet required work standards or if they display unacceptable or unlawful behaviour
  • when can employee dismiss its employees without any notice or warning?
    • when the employer believes on reasonable grounds that the employee's conduct is sufficiently serious such as theft, fraud, violence and serious breaches of occupational health and safety procedures
  • can employer dismiss an employee without any reason?
    no they can't, they need to have a valid reason why the employee is at risk of being dismissed, that is based on the employee’s conduct or capacity to do the job
  • how can employer warn the employees that he or she risks being dismissed if there is no improvement?
    • verbally
    • in writing,
  • what is unfair dismissal?
    it is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.
  • who decides on cases of unfair dismissal?
    Fair Work Commission
  • FWC may consider an employee unfairly dismissed if
    • the dismissal was not a case of genuine redundancy.
    • the employee worked for a small business and the dismissal was not done according to the Small Business Fair Dismissal Code (applicable for businesses with fewer than 15 employees).
  • What is entitlement consideration?
    Entitlement considerations are legal obligations an employer owes to its employees following the termination of their employment contract.
  • Entitlement considerations when terminating employees
    • Annual or long service leave: Any annual leave or accumulated long service leave must be paid out
    • Redundancy pay
    • Notice of termination: sufficient notice for any redundancies and dismissals to provide the employee with time to prepare for their loss of employment.
    • Justifiable reasons for employment termination: valid reasons for the redundancy or dismissal of an employee
  • What is redundancy pay?
    is the financial compensation from the business for the termination of their employment. The size of this redundancy pay will be higher for employees who have worked at the business for a longer period of time. Redundancy pay is not usually paid to employees hired for less than 12 months.
  • Redundancy valid reasons
    store closure, relocation overseas, or the introduction of technology.
  • dismissals valid reason
    poor employee performance or a serious breach of contract.
  • What happen when a business does not give employment their entitlements?
    If a business fails to fulfil these legal obligations, affected employees can take legal action against the business to receive compensation.
  • What is Transition considerations?
    are social and ethical practices that a manager can consider
    implementing when terminating employment.
  • effect of transition consideration on business
    By provide assistance to staff during the termination process, a business that responds to the needs of terminated employees through transitional considerations can be seen as socially responsible and ethical. By doing so, a business can reassure its remaining employees of its values and maintain a positive corporate culture.
  • How can manager help its employees during termination process
    1. Offering resume writing or interview training to employees to improve their employability
    2. Providing networking support for employees in the form of contacts that they can use to gain future employment
    3. Providing flexible working hours that allow employees to attend interviews at other businesses
    4. Introducing counselling and financial services to ease the uncertainty of leaving the business
    5. Holding celebrations and providing recognition of the achievements of employees who are leaving the business
    6. Slowly reducing the working hours of retiring employees to help them adjust to a change in their lifestyle
  • Workplace relation definition
    are the interactions that occur between employers and employees, or their representatives, within a business’s internal environment.
  • who is Human resources manager
    are individuals who coordinate the relationship between employees and management within a business
  • Role of human resources manager
    • Hire candidates with the required qualities and skills to assist the business in achieving its objectives.
    • Provide employees with appropriate training
    • Represent the business when developing employee wages and working conditions in an agreement.
    • Facilitate communication between employees and management.
    • Promote a positive work environment
    • Make sure that the minimum pay and working conditions are met
  • Define employees
    Employees are individuals who are hired by a business to complete work tasks and support the achievement of its objectives.
  • Role of employees
    • Have an awareness of their responsibilities within the workplace
    • Have an awareness of Occupational Health and Safety (OH&S) procedures that are communicated to them
    • Complete set tasks with the aim of contributing to business objectives
    • Ensure their actions reflect the business's values while working
    • Follow employee requirements and expectations, such as working the appropriate number of hours each week and abiding by dress code regulations
    • Keep sensitive and confidential information within the business
    • Report any individuals who are engaging in workplace bullying or discrimination
    • Report businesses that are failing to uphold required safety standards
  • define employer association
    Employer associations are advisory bodies that assist employers in understanding and upholding their legal business obligations.
  • Role of employer association
    1. Actively make employers aware of any new policies, laws, or regulations which must be taken into account by the business
    2. Assist employers in approaching other businesses and building relationships
    3. Encourage employers to communicate strongly with their employees when making changes at the business
    4. Assist in creating policies that appropriately align with a business's objectives
    5. Represent employers when negotiating wages and conditions of employment under new agreements through collective bargaining
    6. Listen to the concerns of employers and offer management advice
  • Unions
    Unions are organisations composed of individuals who represent and speak on behalf of employees in a particular industry to protect and improve their wages and working conditions.
  • Role of unions
    • Communicate the concerns and desires of employees to employers during collective bargaining, with the aim to protect and improve wages and conditions
    • Actively provide employees with resources and tools to communicate their needs to employers
    • Push for improvements in wages and conditions outlined in a business's enterprise agreement
    • Respond to any concerns or issues raised by employees related to their wages and work conditions
    • Ensure that employers are upholding their legal requirements related to wages, entitlements, safety, and work conditions
    • Protect employees from unfair dismissal and redundancy
  • Who is Fair work commission?
    The Fair Work Commission (FWC) is Australia’s independent workplace relations tribunal that has a range of responsibilities outlined by the Fair Work Act.
  • Why FWC established ?
    The FWC was established as a result of the Fair Work Act 2009, an Australian law created to ensure the rights of employees are protected from unlawful discrimination and have the right to engage in industrial action
  • What is industrial action?
    is steps taken by employees or employers to settle a workplace dispute about working conditions. Employees can delay, limit, or refuse to work.
  • Role of WFC
    1. Set, update 11 national employment standards that protects the wages and working conditions of employees
    2. Determine minimum pay and working conditions for particular industries
    3. Ensure that the wages and conditions of industry awards align with all NES
    4. Ensure agreements meet the NES prior to accepting and approving them
    5. Ensure both employers and employees have genuinely agreed to the terms and conditions of agreements
    6. Terminate agreements if a business fails to uphold minimum requirements outlined by the NES
    7. Act as an arbitrator
    8. Act as a mediator
    9. Assist employees who have been unfairly dismissed or are dealing with unfair termination claims
    10. Assist employees who have experienced or are experiencing workplace bullying or discrimination
  • What are two main methods of determining wages and conditions of work for employees?
    Awards and agreement
  • What are awards?
    Awards are legal documents that outline the minimum wages and working conditions for employees across an entire industry.
  • Businesses that rely on awards as their method of determining wages and conditions provide their employees with at least the national minimum standard for their relevant industry.