710 — Managing People
Part II- (L05) Demonstrate and apply specialist knowledge of relevant legislation relating to employment relation and health and safety.
A. Employment relations (25 marks)
Read the following scenario and answer the questions accordingly.
As weve seen, it is relatively easy for human resource managers to put in place procedures to minimize (and largely eliminate) wrongful discharge claims. As a result, this is one area where HR s profit centre role is relatively clear, persuasive, and easy to implement. Steps such as instituting grievance procedures are straightforward and essentially cost-less. On the other hand, the costs of wrongful terminations are real and material.
The costs dont just include obvious ones such as fighting the lawsuit in court. Wrongful termination can also trigger contractual clauses that require paying huge sums. Consider a recent case, in which, wrongfully terminating the employee caused two benefits that the employee might not otherwise be eligible for to vest: (1) five $14,000 annual deferred compensation payments and (2) a
$275,000 benefit that otherwise would not have accumulated until the plaintiff completed 10 years of uninterrupted service (which the employee did not due to his wrongful termination). In this case, the court did rule that the employer could pay those benefits out in monthly instalments. But the fact remains that had the firm put in place procedures to minimize the possibility of a wrongful termination suit had management terminated him for cause, for instance, or reached an agreement they might have avoided the huge expense.
Case study source: Dessler. G, Human Resource Management (2013).Thirteenth edition. In the light, of the above discussion and careful research, outline your opinion on the following:
1.1 What can companies do to avoid wrongful dismissals. Explain any three grounds for a valid dismissal. (4+6 =10 marks)
1.2 To strengthen, good employment relations, what can you suggest the companies to do regarding the following considerations:
Ethics policies (5 marks)
Employee privacy (5 marks)
Employee monitoring. (5 marks)
B. Health and safety: (30 marks)
You are required to conduct a research on the NZ Occupational Health and Safety Act. Get an overall understanding of its provisions. Choose any industry or your own workplace (if applicable) and answer the following:
2.1. Discuss the basic facts about OSHA in terms of - its purpose, rights (of employees) and responsibilities (of employers). (10 marks)
2.2. Explain the supervisors role in keeping the workplace safe. (4 marks)
2.3. Explain any four causes of accidents. Suggest techniques for each, in reducing them at work? (I marks)
2.4. Compile a list of (any four) factors that create dysfunctional stress for you at work. What methoi do you use for dealing with these stress. (8 marks)