HR Policies in Practice The Issues and Solutions

HR Policies in Practice
Name
Institution
HR Policies in Practice
Executive Summary
Jane has raised a lot of valid issues that need to be taken into consideration. Under normal circumstances, Jane’s case would have been easy to deal with. However, it appears that she has been let to do more than a casual worker has should and this has made her to believe that she is no longer a casual worker but a contract employee with all the rights and privileges. It is apparent that there has been a mistake in the way Jane has been used within her department. For this reason, we shall have to determine ways of repaying her for her effort because it would be impractical to treat her as a contract employee while she is still a casual one. Therefore, while her efforts should not go unnoticed, treating her as a contracted employee is out of the question. There would be need to work out a bonus package that can see her through the period of her maternity leave with a promise to review her terms of employment should she be willing to come back and work with the university. After she comes back, there would be need to critically evaluate if it would be possible to accommodate her within the bracket of contracted employees.
The Issues
Jane’s account of events raises a lot of issues. Having been with the university for such a long time, she feels that she has earned the right to be considered as an employee of the university and not just the department. Having worked at the university, Jane feels as if she is a part of it. In fact, she has been considered as one of the pensionable employees. However, such acts are common as Brustein (2004, p696) notes, it is common to find employers making it possible for even their casual employees to join their pension schemes. Therefore, it would have been expected that the university extends this olive branch to those on casual contracts as Jane. All the years Jane has been at the university, she has been considered a part time employee at the department of economic history and not a full time employee. Even though Jane requested Professor Clark to give her an employment contract, he never gave his response to that request. Therefore, Jane is still on a casual employment contract. To Jane, it seems as if the university and her department have not been loyal to her. She feels she has given everything to least be accorded some recognition and treatment. The university has done the exact opposite, maintaining her at her position and ensuring that she never gets the privileges of the contract employees.
Now, being pregnant, Jane feels she has earned the right to be given a paid leave. However, there is a less likelihood of this happening as the university does not fully recognize her as a contract employee. After having spent a lot of time there and dedicated her all, Jane feels that that this is at least what she deserves. It is true that Jane did request for continuous employment contract but nothing concrete had materialized from that request. Therefore, her assertion that she has been on continuous employment has no foundation. However, this confusion can be attributed to the lack of communication from Professor Clark. Professor Clark leaves Jane with the no clear information on the position she holds only to deny her the benefits that contract employees are entitled to. Jane hopes that she can come to a better understanding with the person responsible for wages and salary, Linda, but they end up in an argument that leads to shouting. Instead of giving her good advice, all Linda can say is that she stops wasting her time and that she should just walk away already. To Jane, she feels that this kind of treatment from a staff that is supposed to look out for her interests is out of place and uncalled for.
Jane has gaps in her pay claim forms. There are gaps in the pay because there are periods she does not receive payment probably because her services were never used. But to Jane, the fact that she has been there for a long time makes this a non-issue. She feels that she needs clarified holiday arrangements as other contract employees. These are serious and contentious issues that make it difficult to help Jane. The university has only ever seen her as a casual employee and treated her so. Jane sees herself as a permanent employee because she has spent a lot of time there. As it turns out Professor Clark admits that Jane does much more than she was originally intended because the Professor is always busy and is hardly in office. Therefore, Jane does more than a casual employee should do.
The Solutions
The workplace today is quite complicated with some employs on contracts while others paid as casual workers. Casual workers normally report when there is work to be done. Otherwise, they would not have a reason to be within the institutions. In most organizations, casual workers are paid at the end of the day while contract workers are bound by the terms of their contracts (Lotti and Viviano, 2012, p3). However, they are all employees of a company and they should be treated so. It is apparent that Jane has done a lot and deserves better treatment. However, holding the university to account for responsibilities that are meant to be handled at the department level is not practicable. Before starting working with employees, it is important that they understand the scope of their duties and responsibilities. Employees hired under a contract must sign employment contracts. With an employment contract, it would be possible to determine the terms and conditions of employment and this helps to protect the employer from any future conflicts with the employees (Deakin, 2001, p30). Casual employees are also paid according to the amount of tasks they have undertaken (Lowry, 2001, p43). Therefore, it would be important for the university to determine if whatever Jane had been doing were within the scope of a casual employee.
Under current terms of engagement, the university cannot grant Jane paid maternity leave and holidays. For that to happen there would be need to give her a new deal that identifies her as a contract employee and not a casual one. However, for this to happen, she would no longer have to be a departmental employee but would have to be recognized as an employee of the university. On the other hand, given the tasks that Jane has been carrying out, the university can make an exception and grant her a contract that can take effect immediately. If the university feels uncomfortable with granting the Jane a contract, they can ask the department to ensure that they hire another casual employee so that she can help Jane with the tasks. As it appears, Jane has been doing more than she was originally required to.
Fair treatment of all employees is a responsibility of all employers and also a prerequisite for effective growth (Guo et al., 2015, p1168). When employees are not treated fairly, they could have a low morale and this can in the end affect their productivity (Oswald, Proto and Sgroi, 2015, p811). Therefore, there is need for the university to take action against Linda for the way she talked to Jane as a show that they never condone such behaviors. Failing to take action coul...