Performance Management Assignment
Part 1: Memo
Counseling Memorandum
To: Maria Date: May 1, 2008
From: Team Leader
This is to summarize our conversation on April 17, 2008
We discussed about your behavior towards me and other member of the team. I have told you that you are somewhat different from other employees in terms of relationship or connection with the management as well as to the team leader. Furthermore, in our last one-on-one meeting, I also open to your behavior of being arrogant as well as you are somewhat disconnected to the group or you are not showing cooperation that much.
You stated that I must not intervene with your work because I do not have that much knowledge regarding the company.
In conclusion, a counseling process will be done between us in order to discuss the different aspects or reasons behind your behavior.
Counseling is intended to be a constructive process in order to assist you in identifying, discussing as well as finding the solution for the different aspects of your job. It is also important to conduct the needed information. As noted above, all of the said aspects have been discussed with you; therefore, your immediate attention is required. This counseling process will focus on you returning late from your lunch-break as well as your disobedience from your superior (see Appendix A).
This process will be done in order maintain the good relationship between the employees inside the company as well as to maintain the human resource standard that will serve as a key to improve the performance of the company that will help us to maintain our position in our chosen sector or field.
The Counsel Process will be consisted of the following activities:
Task
Date
1. Accepting the response to the memo
May 1, 2008 – May 2, 2008
2. Evaluation of the response
May 3, 2008 – May 4, 2008
3. Investigation
Interview with co-workers
Survey
May 4, 2008, May 6, 2008
4. Review of the Present Rules and Regulations of the company
May 7, 2008 – May 8, 2008
5. One-on-one meeting
May 9, 2008
6. Final Conclusion
May 12, 2008
Failure to correct your behavior and performance may lead for further administrative action including termination.
_______________________ ______________________
Signature of Employee/Date Signature of Supervisor/Date
The employee’s signature is to acknowledge receipt of this memo and does not necessarily signify the employee’s agreement with its content.
Part 2: Action Plan
Action Plan
Name: Bruce Position:
Address: Date:
Statement of Objective and Goals:
Goals: To be able to learn more about the different aspects of the company as well as to be able to gather more knowledge and improve my skills to become worthy of the position that is being offered to me by the company and therefore to become functional member of the company.
Objectives:
Topic/Activity
Actions
Person Responsible
Monitoring & Evaluation
Timescale
Improve the Ability to communicate with other people
Enrolling in public speaking course.
Bruce
The result of the said program will be reported to the company using the evaluation of the instructor of Bruce
3 months
Continue to work with the Tamworth team for one month until the company had looked for someone that will take his position.
Training or teaching the selected replacement employee.
Bruce
1. Selection
2. Hiring
3. Training
1 month
Know more about the data and information flow of the company
Gathering and studying information about the department and the new position.
Bruce
1. Study about the current information and data flow of the department
1 month
Improve the ability in managing people as well as improving the relationship with the subordinates
Taking Management course or program
Bruce
1. Learning more about the different characteristics and personality of different people that might be encountered during his management as well as to learn how to deal with it.
1 month
Training with Sylvia
On-the-job training with Sylvia
Sylvia
1. Teaching him about the different knowledge of Sylvia about the flow of processes and transaction inside the company
2. Letting him know more about his future co-workers.
References
Mitchell, S & Pa’u, P 2003, Misconduct, Legal Literacy, viewed 17 April 2008, < http://nzplc.massey.ac.nz/default.asp?page=docs/tdiscipline/misconduct.htm>
Appendices
Appendix A: Misconduct
1. Deliberate disobedience to a lawful and reasonable instruction
Dismissal may be justified if an employee refuses to obey a reasonable and lawful instruction. In Wellington Clerical Union v College Group Ltd [1984] ACJ 315, the Court held that a lawful and reasonable instruction is one which:
a) is not illegal in the sense of requiring an employee to perform an act contrary to law;
b) within the scope of the employee’s contractual obligations; and
c) one which does not demand the performance of any impossible or dangerous task.
Generally the instruction will be from the Principal or Board of Trustees, and may be in writing or verbal.
Examples of disobedience include:
a) returning late from lunch-break contrary to an express instruction and with knowledge the dismissal had been threatened;
b) taking leave contrary to an express instruction;
c) Willfully disregarding an instruction regarding absenteeism or lateness to work.
2. Violence and Harassment
An employer has a duty to ensure a safe place of work. Any conduct that is likely to threaten the safety and welfare of other employees or students will be regarded as serious misconduct. Violence or similar misconduct in the work-place is normally regarded as a serious offence both by the Court and by employers whose policies usually treat it as an offence and likely to lead to summary dismissal. Other conduct, usually justifying summary dismissal, includes fighting, abuse of other employees or staff and all forms of harassment.
3. Breach of School Rules/Policies (also known as Work Rules)
Schools have policies/procedures and staff manuals that employees may be required upon commencing employment to have read. They then acknowledge, usually in writing, that they agree to be bound by them and undertake to keep themselves familiar with these, including updates and amendments.
A breach of these policies/manuals, especially after warnings, will justify dismissal. These include habitual lateness or absenteeism or the failure to offer reasonable explanations for such absences.
Generally, dismissals in this category will need to be preceded by a warning unless the misconduct or breach is so serious that dismissal can be justified by one incident. The latter situation may arise where the misconduct involves a serious breach of safety standards. A breach of work rules or operating procedures that result in damage to the employer’s equipment or plant may also justify dismissal. Breaches of rules/policies important to the school and its operation may also justify summary dismissal.
4. Dishonesty
Dishonesty includes theft, falsifying documents, including timesheets, falsifying expense claims, making misleading statements to the employer, etc.
Dishonesty is universally regarded as serious misconduct justifying dismissal.
Under this head, there is generally, in addition to the employment investigation/disciplinary proceedings, criminal or police proceedings.
An employer must hold its own hearing or investigation on the employment issue and must not rely on the police investigation/proceeding. The criminal proceedings can be taken into account by the employer but should not absolve the employer of its obligations in the employment law context to investigate and reach a decision independent of any Police investigation.
It should be noted that the standard of proof in dishonesty cases is reasonably stringent as a result of the serious nature of the allegation.
5. Absenteeism
Normally not grounds for summary dismissal unless there is some frequency without proper explanation or where the conduct continues after a warning from the employer.
6. Breach of implied terms or law of contract
Conduct which constitutes a breach of either the general law of contract or of the implied terms of an employment contract may justify dismissal.
An example of a breach of the general law of contract is misrepresentation when obtaining employment. This includes providing the employer with a false C.V. or false references. It also includes providing false/incorrect information in response to employer enquiries. There is no duty on employees to volunteer information, but they cannot mislead the employer if the employer makes direct enquiry. We recommend that Boards adopt the practice of having applicants for positions complete comprehensive application forms covering matters such as previous convictions, previous disciplinary investigations, previous disciplinary warnings, previous competency proceedings, etc. These forms are then held on the staff personnel files and may be relied upon to justify summary dismissal for misrepresentation if an aspect of these forms is found to be false.
Other examples of misconduct under this head justifying dismissal include revealing confidential information or even breaching the general obligation of fidelity and good faith. These types of cases are becoming more common and difficult to define but can be globally classified as situations in which the employer considers the behaviour to have resulted in a general breakdown in the trust and confidence that is required in an employment relationship.
In Auckland Local Authorities Officers Union v Northland Area Health Board [1991] 2 ERNZ 215, a management employee had passed on confidential information relating to a personal grievance to the Union. The employee had not deliberately sought to obtain the information but having come across it, had decided to pass it on. Her dismissal was held to be justified.
7. Misconduct outside work
Normally, misconduct must take place at work or be directly connected to the employment if it is to justify dismissal. In some cases however, misconduct away from the workplace may justify dismissal. In New Zealand Bank Offices v Databank Systems Ltd [1984] ACJ 21, an employee who was in a position involving a high degree of trust, was held to be justifiably dismissed following a conviction for supplying cannabis.
The test in these situations appears to be whether the conduct has a bearing on the ability to perform the work or has undermined the employer’s confidence in the employee to such an extent as to justify dismissal. In schools it could be argued that as teachers are in special positions of responsibility, certain behaviour even outside of work hours, may justify dismissal, including violence, drug or sex offences. See below regarding the Teacher Council.
8. Insubordination
These cases normally involve abuse directed at a superior. There is usually an overlap between this category and the category on refusal to obey a lawful instruction. This abuse may be seen as destructive of the employment relationship, thus justifying dismissal. The type of language used at a work-place is a relevant consideration, as well as the way in which it is used.
9. Other misconduct
The above categories of misconduct are by no means exhaustive. The types of misconduct seem inexhaustible. The essential point is the effect that the misconduct has on the trust and confidence of the parties and the extent to which it undermines or destroys the employment relationship. (Mazengarb, Employment Law)
Clause 3.4.5 of the Secondary Teachers Collective Employment Agreement also contains examples of conduct “that may warrant disciplinary action”, including negligence, indolence, gross inefficiency, misuse of school property – to name a few. That clause does not purport to provide an exhaustive list.
A distinction is drawn in this article between ‘misconduct’ and ‘serious misconduct’. The former is used to denote behaviour that leads to disciplinary action falling short of dismissal such as warnings or counselling. The term ‘serious misconduct’ is used to describe behaviour that justifies the instant dismissal of the staff member.
Breaches of any of the categories above can be regarded as either misconduct or serious misconduct depending on the individual’s behaviour and the degree of the misconduct. It also depends on the employer, and the standards/views held by that community. For example; one incident of absenteeism might be considered misconduct justifying a warning, but a pattern of continued absenteeism might be viewed as serious misconduct.
Source (Mitchell & Pa’u 2003)
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