Essay Available:
page:
3 pages/≈825 words
Sources:
-1
Style:
APA
Subject:
Management
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 17.5
Topic:
Institution & Systems of Law
Research Paper Instructions:
Institutions:
Description
Create a flow chart diagram that maps all available external complaint pathways for an employee in a given scenario. Support the flow chart diagram with information that is current, relevant, authoritative, and accurate.
Overview
In this activity, you will construct a flow chart diagram that delineates all available complaint pathways beyond the organisation for the employee in a given scenario. The purpose of this activity is to demonstrate your understanding of the external mechanisms and resources available to individuals when they encounter workplace issues or concerns, with a particular emphasis on the relevance of this knowledge for HR professionals.
HR professionals are frequently tasked with minimising risks of litigation associated with dismissal. Understanding the rights and protections afforded to employees through external pathways is crucial in safeguarding the interests of the organisation.
Relevant reads:
* Reference 1: Australia's workplace relations system
* Refernce 2: Laws and rights in the regulation & management of work and employment
Key Components of the Activity
1. Identifying the Issues. Read the entire scenario from start to finish to get an initial sense of the overall content. Look for clues about explicit and implicit issues, leading up to and including dismissal. Go back and reread sections that may need additional attention or clarification. Use the provided table to list the issues that emerged during the reading. Add evidence from the scenario to support each identified issue.
2. Finding credible sources of information to support your mapping.
3. Including credible sources of information. As this is a practical and applied activity, your supporting information may include a combination of peer-reviewed journal articles, scholarly books, published research data sets, and non-scholarly works such as news, general websites, blogs, government documents and publications, public speeches. The objective is to demonstrate where the information included in your flow chart diagram is from. Screenshots which document your research process are also acceptable.
4. Mapping Complaint Pathways. Create a visual representation in the form of a flow chart that outlines the various complaint pathways beyond the organisation for the employee. This includes external institutions, regulatory bodies, ombudsman offices, or any relevant channels that individuals can access. you may draw the flow chart diagram on paper. I have provided an attachment to review an example flow chart diagram.
5. Detailing Each Pathway. Provide clear and concise information for each pathway on the flow chart. Highlight the steps, processes, and contacts associated with each external complaint channel.
6. Considering the Outcomes. Take into account the outcomes associated with each pathway. Are there different outcomes (i.e. remedies) for each pathway?
Scenario
Benita has worked as the only female Project Manager at Green & Blacks for five-years. Green & Blacks is a Perth based national system employer with over 30 employees, the majority of whom are male. Throughout her employment, Benita and her nine-year-old son, for whom she has sole custody, experienced various instances of domestic violence by her former husband.
In December 2022, Benita asked her manager, Emma, for paid time off work to care for her son following an incident involving her former husband. Upon her return to work in early January 2023, Benita had to leave work early due to a further domestic violence incident, which she reported to the police. This incident prompted Benita to ask Emma for a further period of paid time off until the end of January 2023 so that she could care for her son until school returned from holidays.
Emma met with Benita to discuss her latest request. Despite having knowledge of Benita's circumstances, Emma told Benita that her "repeated absences" had impacted project timelines and that she had received numerous complaints from customers. Emma also raised a complaint against Benita made by a colleague. Edward, who had made the complaint, claimed that Benita had sworn at him in front of a customer on more than one occasion. In the complaint, Edward described Benita's behaviour as "intimidating and hostile." Towards the end of the meeting, Emma said: "we just can't have women taking time off when they feel like it. It's not sustainable or fair when we employ so many men. They aren't asking for time off to deal with personal issues."
Soon after the meeting, Benita received the following email from Emma:
Dear Benita,
I am writing to inform you that, after careful consideration, I have made the decision to terminate your employment with Green & Blacks, effective immediately, due to the following reasons:
1. Repeated and extended periods of absence from work.
2. Regularly failing to complete work in accordance with business needs.
3. Engaging in unacceptable workplace behaviours.
4. Bullying and harassing other staff members.
While I understand that you have been dealing with personal challenges, including instances of domestic violence, and I sympathise with your situation, I must prioritise the overall needs of Green & Blacks and the team.
You will be paid four weeks' pay in lieu of notice.
I wish you the best in your future endeavors, and hope that you find the support you need during this difficult time.
Kind regards,
Emma Pickles
Director, Green & Blacks
After reading the email, Benita comes to the conclusion that her dismissal is unfair. However, she does not know who to complain to or how. Benita approaches you for advice, considering all the issues faced leading up to and including her dismissal.
Identifying the Issues
What are the issues Benita has faced, leading up to and including her dismissal? Add evidence from the scenario to support each identified issue.
[Scenario evidence]-----[Issue]
Sources of Information to Support Your Mapping
Add current, relevant, authoritative, and accurate information that supports your flow chart diagram.
Flow Chart Diagram
Add your flow chart diagram below, mapping all available complaint pathways for Benita whose employment with Green & Blacks has been terminated.
—————————————————————————————————————————————-
Systems of Law:
Description
Create a systems of law quiz and answer sheet, which will test whether others fully understand the legal frameworks, structures, and principles that govern work and employment in Australia. Support the quiz and answer sheet with information that is current, relevant, authoritative, and accurate.
Overview
In this activity, you will create a quiz to assess whether a HR professional has knowledge of the legal frameworks, structures, and principles that govern work and employment in Australia. The quiz and answer sheet will serve as a valuable self-assessment tool, enabling a HR professional to evaluate their understanding of Australian systems of law.
Relevant Unit Modules
* Ref 1: Australia's workplace relations system
* Ref 2: Laws and rights in the regulation and management of work and employment
* Ref 3: Contemporary issues in the regulation and management of work and employment
Key Components of the Activity
1. Developing your quiz. Develop a quiz that covers key aspects of Australia's system of employment law, including the components of employment law, national and state jurisdictions.
2. Finding credible sources of information to support your quiz. Review credible sources,
3. Including credible sources of information. As this is a practical and applied activity, your supporting information may include a combination of peer-reviewed journal articles, scholarly books, published research data sets, and non-scholarly works such as news, general websites, blogs, government documents and publications, public speeches. The objective is to demonstrate where the information included in your quiz and answer sheet is from. Screenshots which document your research process are also acceptable.
4. Writing you quiz questions. Ensure the quiz includes a) Three true or false questions; b) Five multiple choice questions (with a minimum of three possible answers); and c) Two short-answer questions.
5. Ensuring coverage. Cover a broad spectrum of topics relevant to HR practice in the quiz, such as anti-discrimination laws, workplace rights, and any recent legislative changes.
6. Writing your answer sheet. Create an answer sheet that includes a key for the comprehension questions and dot-point suggested responses for the short-answer questions.
Quiz Questions
Add your quiz questions, including a) Three true or false questions; b) Five multiple choice questions (with a minimum of three possible answers); and c) Two short-answer questions.
Add current, relevant, authoritative, and accurate information that supports your quiz.
Answer Sheet
Add answers to each question, including a key for the comprehension questions and dot-point suggested responses for the short-answer questions.
Research Paper Sample Content Preview:
Institution and Systems of Law
Student’s Name
Institution of Affiliation
Course
Instructor
Date
Institution and Systems of Law
In any workplace, basic knowledge of external complaint procedures familiar to any HR professional includes unfair dismissal, discrimination, or harassment complaints. It is critical knowledge for HR professionals to help protect both the rights of the employee and the organization against litigation. In this paper, the author will examine the case of Benita, a worker employed with Green & Blacks, who was dismissed mainly because of her series of absences resulting from episodes of domestic violence. The various external complaint avenues that will be explained to her follow Australia's workplace relations system, and the likely outcome of each channel will be discussed.
Issues Faced by Benita
Benita is one of the few female project managers employed at Green & Blacks, and she had asked for sick leaves several times because of domestic abuse by her son. On her recall she was dismissed by her manager, Emma, on 'repeated absenteeism', and that one of her colleagues had complained to the management about her. Even though Emma should have been aware of Benita's home situation, she continues to make comments that are sexist and continues to comment about women, claiming that they are allowed to go on vacation whenever they feel like it. This not only points to gender discrimination but also points to unfair dismissal with some serious legal issues under the Australian employment laws. The first is sex discrimination, which is unlawful under the Sex Discrimination Act of 1984. The remark left by Emma, which points to women as an undesirable sex with reference to employment, is evidence of prejudice. The comment made by Emma attributing unemployment to women is incongruous with human rights because she must have drafted her comment based on prejudice. The second thing is unfair dismissal, in which Benita was dismissed seemingly because of circumstances she had no control over – being a single mother with custody of a child who is a victim of domestic violence. Moreover, Emma’s reluctance to consent to Benita’s request for a sabbatical on account of domestic violence left more to be desired to show that Green & Blacks made and offered reasonable adjustments as required under workplace rules.
External Complaint Pathways
Conciliation of unfair dismissal complaints is undertaken by the Fair Work Commission (FWC) under sections of the Fair Work Act 2009. Benita can claim unfair dismissal if she thinks that her dismissal was harsh, unjust, and unreasonable. In her case, the dismissal seems unfair because of the personal and family problems, together with reasonable requests for time off. The Fair Work Act states that an unfair dismissal claim must be filed within twenty-one days from the time of termination. Should the FWC determine her dismissal ahs been unfair, possible remedies can be offered whereby she be given back her position or be paid. The NES also...
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