Human Resource Management – Case Study: Norconsult (UK) PLC
Human Resource Management - Case Study: Norconsult (UK) PLC
OBJECTIVES
* Identify the motivational problems experienced by an organisation.
* Identify the role that a formalised staff appraisal system could have played in alleviating some of these problems.
* Outline the disciplinary procedure that should be followed in an individual case
* Explain the role an employee representative group could play in resolving some of the issues.
PART I - TASK
ACTIVITY 1) motivational problems
Responsibility
- The nature of work did not provide staff with the means to achieve their goals, a reasonable degree of autonomy, and scope for the use of skills and competencies.
Recognition
- Work environment that did not give employee for what they are and what they do, no recognition.
Advancement
- There is no opportunity to grow by developing abilities and careers.
Achievement
- No support to employees in their efforts to improve their performance.
- No set organisation goals in the UK market
- No job enrichment.
Fear
- Employee fear losing their job.
Therefore the main factors of motivational problem are:
* Lack of planning on the part of the parent company.
* Insecurity as a result of the decision to send UK staff abroad at short notice.
* The threat from contract staff.
* The feeling that UK staff is seen only as income generators by the parent company.
* The requirement to adopt a Scandinavian way of working.
* ACTIVITY 2) The principal consultant was right to consider building up the UK market in the way she attempted, but she should have consult with the head office and job appraisal and backing. Having internalise is not enough ground to implement, she should have presented her finely and initiative decision and management for their approval. If they did not approve, there is little she could do because she is their employee although she applied her efforts and abilities in ways that further the achievement of the organisation goals as well as satisfy her own need. The expansion would have provided a broader rage of work and the opportunity for training and growth. These developing motivation processes will help to ensure that individuals deliver results in accordance with the expectations of management.
ACTIVITY 3) Link between management and employee. They could relate to UK employee fear and expectation because of their knowledge of the law, UK market condition and UK employment law and reputation.
Role of Representative (Trade Union / Employee Representative Role)
. Responsible for plant negotiations.
2. Involve in setting and resolving collective grievances
3. Represent individual employees with grievances or disciplinary matters
4. An employee representing group in the UK company, will provide information regarding future projects plans and researching, and would feel that they had some way of putting forward their views of how to run the company.
ACTIVITY 4) They should have had in place procedure for dealing with discipline and dismissal of employee. In this case the following steps should be follow.
INTRODUCTION
The procedure will apply to all classes of staff, whether full-time, part-time or temporary.
This procedure has been devised to operate according to the principles of natural justice and the recommendations of the ACAS Code of Practice on Disciplinary procedures and to be applied as speedily as any necessary investigations will allow.
This is to provide a framework to be used by management to correct and improve a member of staff's poor conduct or performance.
THE PROCEDURE
This procedure covers only the action, which are taken under the formal stages as set out below.
STAGE 1
If a member of staff is in breach of the ...
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This procedure has been devised to operate according to the principles of natural justice and the recommendations of the ACAS Code of Practice on Disciplinary procedures and to be applied as speedily as any necessary investigations will allow.
This is to provide a framework to be used by management to correct and improve a member of staff's poor conduct or performance.
THE PROCEDURE
This procedure covers only the action, which are taken under the formal stages as set out below.
STAGE 1
If a member of staff is in breach of the terms of service or fails to meet acceptable levels of performance (expect in cases of gross misconduct) a designated officer, having, previously reminded the person of the right to be represented, the stage of the procedure and the reason for the interview, will interview him and inform him of the stage in the disciplinary procedure.
If the designated officer is satisfied that in all the circumstances a recorded oral warning is warranted, an oral warning should be given. The staff member should also be advised of the further disciplinary action that will be taken if there is no improvement.
A description of the oral warning must be recorded and the individual should be invited to sign that the record is accurate. Any refusal to sign should also be recorded.
STAGE 2
If following a recorded oral warning under stage 1, a member of staff gives further cause for management complaint about the conduct or performance, a designated officer will arrange to interview him, advising him in writing of the right to be represented, the stage of the interview and the nature of the reasons for the interview.
The person must then be given an opportunity to state his/her case. But if the interviewing officer is satisfied that management's complaint is justifies, a warning will be given, to be confirmed in writing in 7 working days, outlining the offence and stating that any further failure to improve standard or conduct will result in further disciplinary action being taken which could lead to dismissal.
STAGE 3 - FINAL WRITTEN AND POSSIBLE SUSPENSION.
Further disciplinary action. If despite previous warnings, an employee still fails to reach the required standards in a reasonable period of time, it may become necessary to consider further disciplinary action. Or if the misconduct is sufficiently serious to warrant only one written warning but insufficiently serious to justify dismissal (in effect both first and final warning), a final written warning will normally be given to the employee. The supervisor will keep a copy of this final written warning but it will be spent after months subject to satisfactory conduct and performance.
Alternatively, consideration will be given to imposing a penalty of a disciplinary suspension without pay for up to maximum of five working days.
STAGE 4 - DISMISSAL
If conduct or performance is still unsatisfactory and the employee still fails to reach the prescribed standards, dismissal will normally result. Only the appropriate Senior Manager can take the decision to dismiss. The employee will be provided, as soon as reasonable practicable, with written reasons for dismissal, the date on which employment will terminate and the rights of appeal.
APPEALS
A member of management who is more senior than the manager who initially administers the disciplinary action conducts the appeal. If he or she wishes, a fellow employee of his or her own choice may represent the employee at the appeal. Appeal against summary dismissal or suspension should be heard immediately. Appeal against dismissal with notice should be held within two days. No disciplinary action that is subject to appeal is confirmed until the outcome of the appeal.
If an appeal against dismissal (but not suspension) is rejected at this level, the employee has the right to appeal to the chief executive. The head of the HR and the if required, the employee's representative should be present at this appeal.
RECORDS
It is important that accurate records are kept of formal disciplinary cases. Each time a formal warning is given it should be recorded.
Incomplete or inaccurate records lead to disputes and disagreements.
ACTIVITY 5) How an appraisal system might help to avoid a problem in future
. Open room for communication from both parties - She would be able to put forward their initiatives.
2. It will make clear the target that employees are to meet up and it will be baring or receiving performance.
3. It will enable the company to provide guidelines and training for staff.
4. Staff's performance would be made at interval, which will identify their strengths and weakness. Any difficult would be address there and then.
5. It will clarify the goals and objectives of the organisation to the employee.
6. It will give room for goal congruence (i.e. between organisation goal and individual employee goals).
7. Any training need would be identify and also ways to meet the need.
8. It will leave open room for further/communication between employs and employee.
PART II - TASK
(1) (a)
Four offences, which, if committed by an employee would always necessitate having to take immediate disciplinary action, are: -
Falsification of qualifications, which are a stated requirement of employment.
Malicious damage to the organisation's property
Stealing from the organisation, or its members of staff, and unauthorised removal of the organisation's property.
Serious breaches of safety regulations endangering other people, as well as physical assault.
(b)
Four activities, which may or may not constitute a disciplinary offence, are: -
Lateness to work, it would be a disciplinary offence if it is repeated several time despite several warning.
Breach of safety, if staff is properly trained and the breach occurs due to negligence e.g. smoking in non-smoking areas.
If a member of staff is in breach of the terms of services e.g. giving company information to a rivals company.
Failure to meet acceptable levels of performance or conduct e.g. failure to observe company customer care standard e.g. abusing customer, on the company's premises.
(c)
The circumstances laid down by law when the dismissal may be deemed to be "Fair" and when it may be considered to be "unfair" dismissal are showed in the following charts flow.
CONDUCTING A DISCIPLINARY HEARING
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
CONDUCTING AN INVESTIGATION
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
MISCONDUCT DISMISSALS.
No
Yes
Yes No
No
Yes
Yes
No
Yes
No
Yes
Yes
No
Yes
No
Yes
Yes
Yes
No
Yes
Task 2 (a)
Accepting Andrew's action to be a serious offence the following steps will be taken:
(a) The officer would be an independent officer who has nothing to do with the case.
(b) Andrew's action is a serious offence; therefore the following steps would be taken.
(i) A designated officer will investigate and will interview Andrew.
(ii) If this officer considers that gross or other serious misconduct has occurred he should suspend Andrew on full pay for a period not exceeding ten working days and report the matter to the Chief Officer (or Principal Officer on his behalf).
(2.11) In some cases it may be necessary for a designated officer to undertake further investigation, which might include an interview with the member of staff concerned. The case will then be referred to the Chief Officer or Principal Officer on his behalf.
(2.12) The Chief Officer or principal officer nominated on his behalf (who had not acted as an Investigating Officer) will interview Andrew. He should be previously reminded, in writing, of his right to be represented at this interview and be given sufficient information on the allegations to be dealt with to enable him to reply to them.
(2.13) The Chief Officer (or Principal Officer) having heard all the available evidence may if he considers that disciplinary action is warranted: -
(a) Dismiss.
(b) Take other action as he may decide. This could include downgrading the member of staff, withholding increments, placing into alternative employment or some other sanction.
(c) Suspend on half basic pay for a period not exceeding two weeks.
(d) Return Andrew to duty after giving a warning about future conduct and specifying the action which will be taken if he gives further cause for complaint.
(2.14) Any decision reached under this stage of the procedure will be confirmed in writing within 7 working days of the hearing. Where Andrew has been dismissed the reasons for dismissal must be included.
(2.15) Andrew must be informed of his right of appeal to the Personnel Management Appeals Sub-Committee against any of these decisions; together with information relating to the procedure to be followed.
RIGHT OF APPEAL
(2.16 The appeal application should be submitted in writing together with the grounds for appeal direct to the Head of Personnel and Management Services to be received within 7 working days of the hearing at which the decision was reached under the procedure.
(2.17) The Personnel Management Appeals Sub-Committee, consisting of members of the Personnel Management Sub-Committee who have had no previous contract with the case, will then meet as required to consider cases referred to them. They will normally meet within 10 working days of receiving the application of appeal.
(2.18) The Sub-Committee will, at the time of the appeal hearing, have before them documentation, which should include the following from the Chief Officer: -
(a) The matters alleged, the reasons for the action taken and all relevant correspondence/documents.
(b) The nature of the evidence in support of the action and, in appropriate cases, witness statements. (Where "the reasons for the action" includes reference to previous warnings and disciplinary action then such documents will be available at the meeting of the Sub-Committee).
(c) The appellant's grounds for appeal.
(2.17) The Sub-Committee should also have any written evidence or submissions provided by the appellant and/or his representative.
(2.17 The procedure of the Personnel Management Appeals Sub-Committee is outlined here:
(2.19) The Personnel Management Appeals Sub-Committee will also adjudicate in cases where a person is aggrieved by dismissal in other action, which has been taken on grounds of capability, ill health, redundancy, or for any other substantial reason.
(2.20) The Sub-Committee may confirm, amend or reject the action, which is the subject of the appeal. The decision of the Sub-Committee will be the final decision, on the matter.
(2.21) Only in cases where the person has been given notice of termination will the period of notice be extended up to and including the day set for the appeal hearing.
In appropriate summary dismissal cases, where an appeal hearing has been delayed for more than 10 working days through no fault of the appellant or his representative, an ex gratia payment will be made for the period in excess of 10 working days up to and including the day set for the appeal hearing.
(2.22) Where Court proceedings are involved the appeal hearing will by mutual agreement of the parties be deferred until the proceedings are finalised. In the event of an agreement not reached the Chairman of the Personnel Management Sub-Committee can be asked to adjudicate.
(2.23) The parties can if disagree with the decision of the appeal, take the case further to the court, even to as far as European court of law.
2 (b)
Points the Tribunal will take into account when coming to its decision; The Tribunal will look at the facts of the case, and the procedure used by the management to deal with it.
Whether the case was properly investigated and to see if the organisation acted reasonably or not before dismissing Andrew from work.
i.e. did the management follow the procedure or not. The Tribunal will also look at how the management have exercise their power in dismissing Andrew, and finally the Tribunal will look at other evidence.
The outcome will be to Re-instatement Andrew, and return him to work after giving him a warning about future conduct.
The reasons the Tribunal will give for its judgement are:
It was Andrew's first offence
The management did not follow the procedure by dismissing him from work.
It was failure of the management to monitor his work.
It was failure of the management to raise their concern with him in the first place.
