Karen Stevens, the Sales Manager of Catastrophe Concepts in Australia - Employment Law - Case Study Example

HR CASE: Australian Employment Law Karen Stevens, the Sales Manager of Catastrophe Concepts in Australia has been noted for her lengthened stay in the company as a Senior Sales Executive. In the letter she received from the company when she was first hired, there the administration stated that she is to earn $75,000 per annum as a member of the sales team. However, as years pass, although Karen’s performance was somewhat acceptable at some point, it has been noticed by Lily Zheng, the Marketing Manager, that the performance of Karen has been causing a lot more losses for the company than she is doing better sales for the organization. Hence as a result, the administration is now undergoing decisions as to how or when they should terminated the employment of Karen Stevens to avoid anymore possible losses in the future. In references to the case discussed, it could be observed that understanding the Australian labor law is an important part of the clarification of the issue. In Australia, contract-less employment appointments are but a common place for many workers (Cragg, 1997, 54). Even among high positioned officials of organizations, it could be noticed how the letter-based acceptance to a job is given high regard by the Australian Law (Burges, 2005, 65). This though does not mean that the employees accepted through this process are less rightfully given chance to realize the lawful provisions of being employed to a company1. As for a fact, the whole company is eligible for handling the needs and the demands of the employees whether they are contract-based or letter-based workers. This means that whatever the contract provides, the letter that is given to a person upon employment serves the same value as a contract does. 2 As for the case of Karen Stevens, the letter that was given to her as she as absorbed by the organization as a regular employee serves as her personal working guide and notice as to how much she would be paid, what her responsibilities would be and what the company expects from her. Through this, the letter then serves as a legal document that implies the effectiveness of the employment of Karen and the legality of the rights that Karen ought to realize while she works for the organization (Burgess, 2007, 32). Besides the written letter, a regular record should also be kept about the evaluation over a worker’s performance within a certain period of time. This procedure would help administrators see if an employee is still worth keeping and paying or she or he is already causing the organization a possible future jeopardy towards the success that the entire business group is aiming to have. Through this approach, the values of the entire business organization are protected from any particular elements that might bring it down to failure. Considerably, it is also through this kept record that the termination of an employee could be considered legal and within grounds as per suggested through the Workplace Relations Act or WRA (Burgess, 2007, 35). With this act established, it could be noticed how the protection of the employees are given careful attention by the government. The Australian government is divided in different states. Hence, the applications of the guidelines provided through the WRA notes could differ from one towards another. No matter, the basic guidelines provided by the WRA is generally applicable to all states unless negated by the local laws and needs (Khun, 2005, 64). Basically, the Australian government gives every employer and employee the right to enjoy their benefits as part of the country’s economic force. However, to protect each other’s value, it is very important that the law be specifically laid down to assist HR departments handle disputes in a much legalized procedure that could increase the competence of the employer and the employees on each other. In connection with that of the case of Karen Stevens, it could be considered that the WRA provides the Catastrophe Concept the chance to terminate workers such as Karen who might be becoming more of a liability than that of the asset that they were expected to be when they were first hired for the job. However, in dismissing such employees, caution is needed. Of course, the need to extend notice to the employee being laid off should occur at least several months before the actual termination. It should also be established that the terms of termination are informed to the employees upon acceptance to the organization3. More than that, it could be considered how the entire situation could be controlled through directly improving the fact that the rights of the employee to be dismissed has been well protected by the organization and that the dismissal is not caused by any particular biased decision such as discrimination [of all forms], but is grounded on legality (Peetz, 2005, 43). Proper dismissal of salaries should also be given focus since every employee deserves to be paid for what they have done for the organization during their years, months and days of service to the business. Implication of the Case in the Role of HR at Present “We can learn about the situations we are operating in by putting ourselves in the role of key stakeholders and seeing the situation through their eyes” (Kuhn, 21) Yes, by putting themselves at the situational position of their head-bosses, managers are able to perform the expected completion of tasks that the company requires them to handle while they are in the company. As a result, they are also able to set a model that would be followed by their lower subordinates in the company. This managerial task is not a game of pleasing the ‘bosses’, but it is a responsibility towards the expansion and development of the business. (Employee to management to company relation) Analysis: It could be noticed that managers have a great role in the part of making it possible for employees to realize satisfaction while at work. Their recognition of the needs and expectations of the employees would naturally help in the promotion of better performance among lower level employees. Aside from this, the managers also serve as mediators to the comments and complaints of the employees towards the company’s higher administration. Through their existence, disputes are solved in a more systematic and considerably peaceful manner. 4Through the application of ethical standards, managers are able to provide both the company and the employees as well with ample attention and thus address to their needs and demands in a systematic arrangement. Since managers are considered to be of a higher position compared to other workers or employees in the company, it is normal that respect towards their authority is required. However, abuse of the said authority towards the lower subordinates is considered as an act taken against the ethical measures of dealing with lower-level employees. These abuses may include unfair pay or unfair acknowledgement of the employees’ hard work.5 Nepotism and things as such should then be avoided within the midst of the managers and their treatments towards other employees in the company. Managers are expected to give a high value for the jobs of the greater population that makes up the company. This mainly concerns the people force of the organization (Khun, 2005, 43). Giving them the satisfaction that they are due since they are working hard to attain the goal of the company is one of the main responsibilities of a good manager. Thus treating the other employees with respect and integrity is a vital part in completing such task. What the managers play in the lives of the employees is that they serve as the voice of the lower-level-employees towards the higher management. The head administration does not have enough time to hear the suggestions or comments of the people. Hence, the managers serve as mediators. As mediators, they are the ones scaling if the complaints or comments are worthy enough to be heard by the higher level of management. Hence, in this responsibility, they should apply a great measure of critical thinking as to what has to be addressed or not. Ethical standards of listening to what the people have to say are again a great part in facing the said situation on the part of the managers (Cragg, 1997, 42). Keeping the ethical standards alive in a company, means to listen and comprehend to what others have to say. 6Scaling the situation from the acts of the employees, a manager is able to understand what has to be done when certain disruptions and disturbances arise between several employees in the company. In this set of responsibilities and policies that exist between the managerial bodies towards the lower level of employees, it could be observed that taking care of the concerns of the lower subordinates is the main focus of the concept of the policies shown.7 Yes, ethically dealing with the situations that concern the people means having a deeper understanding of what the company’s people want, what they need and what they expect from the organization. As these things come to the knowledge of the managers, it should be observed that the said needs be addressed well.8 Giving attention to the said needs does not only create a fine reputation for the company’s body of managers, but it also sets a fine and dignified status for the company in the business world. Conclusion The case of Karen Stevens creates a fine introduction as to how proper management should be utilized to make everything in a business setting rather considerably legal and infallible decisions on the part of the administrative staff of each business group. The rules are certain and the guidelines have been drawn, what the administrators and HR departmental managers should consider is that their role in the business is to legally and ethically imply this rules for the benefits of their workers and their organizations all the same. References: 1. Burgess, Verona. DEWR statistics on AWAs in the Federal Public Service from Union gets ready for hostile Senate. Australian Financial Review, 8 April 2005, as published in CPSU bulletin April 2005 2. Burgess, Verona. Percentage of Union and Non-union Certified Agreements in the Federal Public Service from Union gets ready for hostile Senate. Australian Financial Review, 8 April 2005, as published in CPSU bulletin April 2005. 3. Burgess, Verona. Percentage of Union and Non-union Certified Agreements in the Federal Public Service from Union gets ready for hostile Senate . Australian Financial Review, 8 April 2005, as published in CPSU bulletin April 2007. 4. Burgess, Verona. DEWR statistics on AWAs in the Federal Public Service from Union gets ready for hostile Senate by, Australian Financial Review, 8 April 2005, as published in CPSU bulletin April 2007. 5. Brad Norington & Andrew Trounson. Employers Defend Howard’s AWAs Despite Slow Take-Up. The Australian, 31 March 2007, p. 33. [1] 6. David Peetz. The impact on Workers of Australian Workplace Agreements. June 2005. ABS Statistics shows a two percent disparity in wages between AWAs and collective agreements - Page 11. 7. WORLD LAW. http://www.worldlink-law.com/businfo/australia/employment.htm. (August 04, 2009). 8. Kuhn, J. S. & V. Marsick (2005). “Action Learning for Strategic Innovation in Mature Organizations: Key Cognitive, Design and Contextual Considerations”. Action Learning: Research and Practice, Vol. 2 (1). 21. 9. Cragg, W. (1997). “Teaching Business Ethics: the Role of Ethics in Business and in Business Education”. Journal of Business Ethics, Vol. 16: pp. 22. 10. The impact on Workers of Australian Workplace Agreements by Professor David Peetz, June 2005. Women's earnings 11% less under AWAs on Page 11. 11. Parliament of Australia: Senate. http://www.aph.gov.au/senate/general/constitution/par5cha1.htm. (August 5, 2009). Read More