Discipline and Dismissal

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Welcome to
Human Resource
Management
Gerry Rooney
MSc (HRD) MIITD, MMI, CIPD, ACR
Introductions
• Name and Background
• Typical problems you face in your role
• What topics do you want covered over
the course
Course Outline
Unit 1: Role of HR in the organisation
Unit 2: Recruitment, Selection, Integration and
Termination
Unit 3: Employee Relations, Welfare and Health
and Safety
Unit 4: Compensation and Benefits
Unit Two
• Selection Recruitment,
• Integration (Training & Development)
• Termination
a. Analyse a job and prepare the necessary documentation
a. Carry out the process of recruitment and selection effectively
b. Identify the training and development needs of your staff
and evaluate the effectiveness of the subsequent training
Nine Counts of Discrimination
1.
2.
3.
4.
5.
6.
7.
8.
9.
Gender
Age
Martial Status
Family Status
Sexual Orientation
Religion
Race
Disability
Travelling Community
The Job/Person Specification
Seven Point Plan
Attributes
Attainments
General Intelligence
Specific Attitudes
Interests
Disposition/Attitude
Circumstances
Five Fold Grading System
Impact on others
Acquired Qualifications
Innate Abilities
Motivation
Adjustment
Job Description Exercise
1.
2.
3.
4.
5.
6.
7.
8.
9.
Job Title
Reports to / Location
Company Background
Responsible for (authority)
Overall Purpose
Main Task and Key Responsibilities
Specific Objectives and Tasks
Other
Rewards & Conditions
Person Specification Exercise
1.
2.
3.
4.
5.
6.
7.
Job Title
Reports to / Location
Educational Standard
Work Experience
Knowledge
Skills
Competencies, Attitudes and
Attributes
Advertisement
a.
b.
c.
d.
e.
f.
g.
Job title
Job description/ location
Qualifications required
Terms of employment
Type of person you are looking for
How candidates should apply
Closing date
Be careful of discriminatory grounds
THE INTERVIEW
ENVIRONMENT
Quiet environment
Comfortable temperature and soft lighting
Comfortable seating and a glass of water
Establish a distance that facilitates
communication
Seating arrangements that allows eye contact
Reduce distractions
Reduce barriers
GENERAL STRUCTURE
Introduction / Ice Breaker
Build Rapport
Overview of interview
Explain Note taking
Warm up question
Planned questions
Summarise and close / Have they anything
to add?
Question Techniques
•
•
•
•
•
•
•
Direct and indirect questions
Leading questions
Trick questions
Hypothetical or Theoretical Questions
Multiple or complex questions
Negative questions
Controlling questions
Questioning
•
•
•
•
Open questions – prompting as you go
Showing interest / Smiles
Probing
Controlling the interview through your
questions
• Don’t let the candidate decide what the best
answer is
• Practice and preparation
• Note taking – memory triggers
Prepare and Conduct an Interview
• Each person prepare an individual interview
containing questions on 4 to 5 competencies
needed (15 minutes per interview)
• Follow general structure
• Take notes
• Complete notes once interview is over
Prepare and Conduct an Interview
• Can have up to two questions per competency
• Interview: (1 Interviewer: 1 Interviewee: 2
Observers) – Switch
• Mark out of five (1 = poor 5 = excellent) for each
competency
• Debrief with everybody at the end
Points of Law
•
•
•
•
•
9 counts of discrimination
The use of the Application form is the preferred option
Ask them have they anything else to add
Keep notes for 12 months
Write to candidate saying appointment made with
satisfactory references and medical examination – looking
for consent
• Contract in 2 months of commencement
The Blend of Team Roles
Activist
Analyst
Successful
Teamwork
Observer / Sweeper
Grafter
Training & Development
a.
b.
c.
d.
e.
f.
g.
What is training & development
How to T&D staff
Explain difference between T&D
List reasons why staff need to be trained
List the conditions for effective T&D to occur
Explain the learning curve
Identify your responsibility
- Understand why T&D is important
- Identify your role
- Implement T&D in your section/team
Training Needs Analysis
• Stage 1: Organisational needs
• Stage 2: Departmental needs – departmental
managers
• Stage 3: Individual needs – departmental
manager with individual staff members
The Learning Process
Acquiring New Knowledge or Skills
• Knowledge is the What, How, Why, Where,
When and Who
• Skill is the ability to do something
• Learning is the result of someone doing or
knowing something that they did not know
Learning
• The Five Senses
–
–
–
–
20%
30%
50%
70%
of
of
of
of
what
what
what
what
we
we
we
we
hear
see
hear and see
do!
Tell - Show - Practice
Adult Learning Principals
• 25-40 Minutes
• Process 5-9 chunks of information
• Self Directed
• Goal Orientated
• Take Errors Personally
• Take Longer- but more accurate
• Integrate new with previous
Coaching Styles
TELLING
ASSESSOR
Try and I’ll watch
TUTOR
Here’s what to
look for
(What I
Saw)
(What
You
Felt)
DEMONSTRATOR
STIMULATOR
Copy Me
How would you? ...
Why do you think? …
ASKING
THE FOUR STEP INSTRUCTION TECHNIQUE
Step 1: Prepare to Learn
•Put the learner at ease
•State the job, subject and objectives
•Check current skill and knowledge
•Create an interest in learning
•Ensure the correct position of learner
Step 2: Present the Subject
• Tell, show or illustrate the subject
• Present the material in logical steps
• Stress key points
• Be clear and assure understanding
• Pace the learning process
• Follow a set plan in digestible chunks
Step 3: Test the Learning
• Require learner to explain/demonstrate
• Correct and serious errors
• Check understanding of subject
• Practice until target standard achieved
Step 4: Put into Practice
• Point out learner’s responsibilities
• Indicate further help and guidance
• Encourage final questions
• Discuss and arrange follow up
JOB BREAKDOWN AND TASK ANALYSIS
• Job:
A collection of tasks which constitute the
work of one person
• Task:
A major element or step in the work process
which is intended to achieve a specific
result
JOB BREAKDOWN PROCEDURE
Job Breakdown
Job ________________
Task ________________
STAGE
KEY POINTS
PERFORMANCE MANAGEMENT
IS ABOUT ADDRESSING 4 KEY, SIMPLE QUESTIONS
1.
WHAT IS MY ROLE WITHIN MY TEAM/UNIT?
2.
WHAT MUST I ACHIEVE TO FULFILL MY ROLE SUCCESSFULLY?
3.
HOW AM I GETTING ON AT THE MOMENT?
4.
WHAT DO I NEED TO IMPROVE?
OVERVIEW OF PERFOREMANCE MANAGEMENT
STRATEGY / GOALS
FOR YOUR RADIO STATION
ANNUAL PLANNING PROCESS
PERFORMANCE
MGMT. SYSTEM
PERFORMANCE PLANNING
ONGOING MANAGEMENT
ANNUAL PERFORMANCE &
DEVELOPMENT REVIEW
Why Feedback Is Important
PRAISE
BUILDS
CONFIDENCE
BUILDS
COMPETENCE
FOR GAINING
CONTRIBUTION
TIMELY
ADVICE
EXERCISE
Think of specific occasions when you received feedback….
• Think of 2 –3 constructive examples – what did the person do
•Think of 2-3 examples when it was les constructive – what did
the person do.
PRINCIPLES OF FEEDBACK
Clear and
structured
Relevant &
Objective
CONTENT
Focused and
specific
Timely
Based on Solid
evidence
PRINCIPLES OF FEEDBACK
Check your
Assumptions and
Judgements
Maintain Adult - Adult
Communication
PROCESS
PuT recipient at
ease
Listen Actively
Maintain Self- Esteem
GIVING BEHAVIOURAL FEEDBACK
1.
Pick the right moment
Public – positive feedback
Private – critical feedback
2.
Make the feedback timely
3.
Specify the behaviour
4.
Specify the impact / consequences
5.
Use the golden rule of feedback (5 x positive – 1 x negative)
6.
Give feedback / observations calmly
7.
Invite a response
8.
Look to the future
9.
Be aware of your style and prejudices.
Unit Three
• Employee Relations and Health and
Safety
Employee Relations
Society is:
• Open & Mobile
• Politically Democratic
• Accessible Education and Career Routes
• Welfare State
• Spread of Property Ownership
The Pluralist Model
• Legitimacy of the Trade Union
• Views Conflict as Logical and Inevitable
• Establishes Procedures to support the Model
ER and the Role of the
Supervisor
• Understand the IR machinery
• Legitimate Right to Manage Staff
• Facilitate reasonable employee concerns
• Support and be supported by
boss/organisation
• Appreciate the role of the TU
Understanding the National IR
Framework
• The Institutions
• The Role Players
• The processes and Procedures
• The Issues
The Trade Union
• Legislation 1941 Act, 1990 Act
• Role of the TU- adjust the bargaining power
• Organisation of TUs
Approaches to IR
•
•
•
•
Adversarial
Traditional
Partnership
Power Sharing
• Policies and Strategies
• Partnership
Discipline and Dismissal
Example of “Fair” Dismissal
• Capability
• Conduct
• Qualification
• Redundancy - Fair selection
• Legal prevention
• Expiry of fixed term or specified purpose
contracts
Discipline and Dismissal
Examples of “Unfair” Dismissals
• Trade union membership / activity
• Religious or political opinion
• Taking legal proceedings
• Pregnancy related matter
• Race or colour
• Age
• Membership of travelling community
• Sexual orientation
Key Problems?
• Management Style (Inconsistent v Consistent)
• Systematic Approach (Procedures)
• Conducting Effective and Fair Interviews/
Hearings
• Facts or Assumptions?
Management Style
• Proactive
• Style & Behaviour – constructive relationships
• Active Listening
• Consistent
Systematic Approach
• Use the Procedures
• Apply the appropriate Levels from Verbal
Warning to Dismissal
• How you apply the procedures
• Proper Investigations/Hearings
Disciplinary Stages
Dismissal
Suspension
Written Warning
Formal Oral Warning
Counselling / Coaching
Action Not taken
Discipline and Dismissal- The Pit Falls
• Section 14, Unfair Dismissals Act 1977
• “An employer shall, not later than 28 days after
he enters into a contract of employment with an
employee, give the employee notice in writing
setting out the procedure which the employer will
observe before, and for the purpose of dismissing
an employee”.
Discipline and Dismissal- The Pit Falls
UD Acts 1977-2001 - Correct Procedure
• Did you offer procedure?
• Did you follow procedure?
• Did you give written reasons?
Natural Justice
• Following must be observed
• Principles of natural justice - Constitution
–
–
–
–
–
Must be presented with case against them
Must be allowed representation
Allowed opportunity to state their case
Employer must hear/seen to hear case
Employer must form judgment considering all facts
Discipline and Dismissal
Conduct of Disciplinary Meeting
•
•
•
•
Two employer representatives present
Present evidence to employee
Consider employee response
Adjourn to make decision
Disciplinary Stages
Dismissal
Suspension
Written Warning
Formal Oral Warning
Counselling / Coaching
Action Not taken
Aim of the Initial Interview
• Inform of unsatisfactory behaviour
• Discover why this occurred
• Prevent reoccurrence or deterioration
• Opportunity to improve
• Corrective action
• Clarify expected standards
The Disciplinary Interview/Hearing
• Fair Procedures
– The rule against perceived bias
– The rule requiring a fair hearing
• The Four Rules
–
–
–
–
Location
Language
Records
Take your time
The Disciplinary Interview/Hearing
• Prepare
– Identify the problem, check facts/assumptions
– Inform and set meeting time
• The Hearing
–
–
–
–
–
–
–
State nature of alleged offence
Time and place
Seriousness of the offence
State no decision has been taken
Ask for a response
Use of language
Questioning (Open to closed)
Categories and Types of Evidence
•
•
•
•
•
•
•
•
Direct/Original evidence
Circumstantial evidence
Hearsay evidence
Weight of evidence
Credibility
Oral evidence
Documentary evidence
Real evidence
The Disciplinary Interview/Hearing
• Action
–
–
–
–
–
–
–
Expectations
Previous Behaviour
Mitigating Circumstances
I.R.\E.R. Problems
Precedents
Adjournment
Decision
The Interview/Hearing
• Follow UP
–
–
–
–
–
–
The employee
Staff Representative/Trade Union
Management
HR Dept.
Others (if applicable)
Records
RELATIONSHIPS
WHAT EFFECT WILL YOUR ACTION
HAVE ON YOUR STAFF???
BUILD RELATIONSHIPS
MISUSES OF PROCESS
•TO ESTABLISH, CHANGE OR REINTRODUCE RULES
•TO DEAL WITH COLLECTIVE OR GROUP PROBLEMS
•TO ENHANCE PERSONAL OR SECTIONAL POWER
•TO TEACH EMPLOYEES THE RULES
EAT – Rules of Evidence
• Quasi-judicial body
• Chaired by a barrister or solicitor with
employer and an employee representatives
• Observes Common Law rules
• Rules of Evidence often interpreted with
flexibility
Bullying- A Definition
Any persistent act or conduct which is
offensive, humiliating or intimidating,
conducted by an individual or group either
directly or indirectly, which makes the
recipient feel upset, threatened, humiliated
or vulnerable, or undermines self
confidence.
Bullying: The Legal Position
• Health, Safety & Welfare at Work Act,1989
• Duty of Care- Common Law
• Unfair Dismissals Acts 1977-1993
• Employment Equality Act, 1998, 2004
• Sexual Harassment
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