Assessment Task 2: Skills Test – Research Report

Template 1: Research report:

Research report (1200-1500 words)

Introduction to the report

Because training organizations haven't updated their policies and procedures, long leave,
retirement, layoff and redundancy. Most recently, an employee filed a formal complaint against an
unlawful termination training organization and was found guilty. Training organizations want to
make sure these events don't happen in the future. Because this also affects the reputation of the
organization.
Training organizations need to develop policies and procedures to manage all aspects of
separation and dismissal and ensure compliance with legal and organizational requirements.
By research on the development of policies and procedures for recruitment, resignation,
retirement, termination and duplication and defining the legal requirements that policies and
procedures manage every aspect.

Key features of an employment contract as per Fair Work Act and Regulations 2009.

Features of contract of employment are those details which should be, or are often included, in
contracts of employment to adequately define what is expected of the employee and the
employer. Every work relationship will be governed by a contract of employment, and although it
is not necessary for an employment contract to be given in writing, it is highly recommended, and
those that are written should cover certain basic details to be effective.

Key terms and conditions of an employment contract for a full-time employee.

 Parties involved. This will be the employer and the employee, the identity of which will
usually be stated at the beginning of an employment contract. This is an essential detail to
any contract.

 Job information. Basic information about the job, including its title, department (if any),
supervisor (if any), and performance evaluation criteria should be covered.

 Benefits and compensation. How an employee will be compensated for their work should
be covered, as well as what non-salary benefits they may receive, if any. Compensation
could include wages, salary, and bonuses. Benefits could include medical plans, including
dental and eye care; vacation allowances; profit-sharing; stock options; 401k matching;
and vehicle and travel allowances. How and when these may be received should be
defined.

 Employee classification. Whether an employee is full-time or part-time should be detailed,

as well as if an employee can offer services to other employers or be self-employed. A
worker’s status as employee or contractor is also important to define for insurance and tax
purposes.

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  Employment schedule and period. Whether an employee’s period of employment will be
for a set term or ongoing should be stated. The hours of employment and whether they
are flexible is valuable information related to this topic, as well as if remote employment is
an option. Whether overtime will be required should also be covered.

 Non-compete clauses. A non-compete clause is an agreement that states that an

employee will not work for a direct competitor of their employer for a certain period of
time after they have left their employer. This could include starting their own business in
the same industry, as well. The purpose of such clauses is to prevent employee poaching,
although if a clause is so restrictive in scope that it renders the employee permanently
unemployable, it will be difficult to enforce.

 Confidentiality clauses. A confidentiality clause (sometimes also called a non-disclosure

agreement, or NDA) binds an employee to not disclose to third parties sensitive
information, such as client data and trade secrets. This provision can be included in a
contract for convenience’s sake, and it is highly recommended for companies whose value
is derived in great part from processes or data exclusive to them.

 Technology privacy policy. Since the digital world is now a part of day-to-day life, clarifying
what is and is not acceptable social media behavior will, in most cases, be important. This
may be limited to employee’s use of company computers or company time, but it may also
extend beyond that, as an employer may argue that an employee’s behavior off-work
could reflect poorly on the company, thus diminishing company reputation and value.

 Work product. A contract will often address ownership of products or ideas produced
while an employee is under contract. Usually, this ownership will revert to the employer,
especially if the product or idea was created on company time or with company resources.

 Termination. Under what conditions an employee may be terminated should be set out
clearly. If an employee must be terminated “with cause,” this means some action must
have been taken to warrant termination. This could include illegal activity, theft, deceit,
violence, or harassment. If an employee may be terminated “without cause,” then
unacceptable action is not necessary to warrant termination, and termination may occur
for any reason.

Procedures for the following:

o Dismissal
According to the Acas Code, before dismissing for misconduct, an employer should:
 Investigate the issues.
 Inform the employee of the issues in writing.
 Conduct a disciplinary hearing or meeting with the employee.
 Inform the employee of the decision in writing.
 Give the employee a right of appeal.
Furthermore, a dismissal for misconduct will only be fair if, at the time of dismissal:
 The employer believed the employee to be guilty of misconduct.
 The employer had reasonable grounds for believing that the employee was guilty of that
misconduct.
 At the time it held that belief, it had carried out as much investigation as was reasonable.

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 o Suspension
Once you have carefully considered the situation and determined that suspension is fair and
reasonable, hold a meeting with the employee to communicate your decision to them.
In this meeting you should explain that:
 you have decided to suspend them pending the investigation into the specific
allegations/incident and provide reasoning as to why you decided it was necessary to
suspend them.
 The matter is and must be treated as confidential and advice them as to what colleagues
in the business will be told.
 They are not to attend the office, access computer systems, or make contact with their
colleagues or business contacts.
 They need to remain available and provide any information or details the Company
reasonably request to assist with the investigation or to cover their work whilst they are
suspended.
 They are still employed and need to comply with their contract and policies, and they will
be paid as normal as long as they remain available for work.
 They must not carry out any work for anyone else or for themselves during their
contracted working hours.tThey must be available to cooperate with the investigation
during normal working hours, and if they become unwell then they need to notify you in
the normal way.

o Voluntary termination
Voluntary termination by an employee will generally start with either a verbal or written
notification of resignation to their supervisor. In some circumstances, there may also be the
perception of job abandonment when a worker fails to show up for work for three consecutive
days without notifying a supervisor.
Employees who choose to leave a job are generally expected to provide at least two weeks of
notice before their final day at work. This is considered to be a professional way to handle
resignation: it allows the company time to begin the process of finding a new employee and allows
the worker time to prepare for the transition.

o Retirement
It is recommended that employees who are considering retiring have early discussions with their
line manager. Once they have reached a decision to retire, they should notify their line manager in
writing providing at least 3 months’ notice (or the contractual notice where this is greater than 3
months). This is to allow the pension fund to make arrangements to pay pension benefits on time
as well as helping with succession planning.

o Redundancy
As part of the consultation process, employers can provide the following information about
support and resources available to employees being made redundant:
 Affected employees and their partners have immediate access to jobactive, prior to
becoming eligible for income support. Through jobactive, job seekers have access to
tailored help, based on their needs. For information about jobactive eligibility and other
support services available, affected employees can also access the Help for workers who
have recently lost their jobs external-icon.png fact sheet.
 The ‘What’s next’ website external-icon.png provides an online self-help resource for
affected employees and employers.

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 Industrial relations and employee dismissal legislation.

The federal Industrial Relations system applies to employees of all private industry businesses in
New South Wales. The main federal legislation that governs employment law in New South Wales
is the Fair Work Act 2009 (FW Act).
This Act does not apply to employees of NSW government agencies; for example, the State public
service or the local councils. They remain covered by the NSW Industrial Relations Act 1996 (IR
Act).
There are, however, some aspects of employment law in New South Wales that are subject to
other NSW laws, including the occupational health and safety laws, workers compensation laws
and some laws that deal with specific leave provisions such as long service leave.

Methods of obtaining employee feedback regarding redeployment, resignation, retirement,

dismissal and redundancy.

 Find an appropriate time to ask.

 Schedule a time to meet.
 Prepare questions to ask.
 Take notes.
 Learn how to improve from the feedback.
 Say thank you.
 Ask for feedback regularly.

Methods of suggesting improvements to organisational operations regarding redeployment,

resignation, retirement, dismissal and redundancy.

Evaluate the reasons for layoff to ensure that they are consistent with employment program or
bargaining contract requirements.
Assist department with planning and managing complex layoffs.

References

 Ilo.org. 2021. National Labour Law Profile: Australia. [online] Available at:
<https://www.ilo.org/ifpdial/information-resources/national-labour-law-
profiles/WCMS_158892/lang--en/index.htm> [Accessed 24 November 2021].
 All links provided in the explanation section should be converted into Havard referencing

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