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The Differences Between Fair And Unfair Dismissals
The Differences Between Fair And Unfair Dismissals
Contents
TOC o “1-3” h z u The Importance of Exit Interview to Both Parties PAGEREF _Toc380779052 h 2The Key Stages in Managing Redundancies PAGEREF _Toc380779053 h 3
Fair dismissal of employees at Eagle Technologies involves substantial fairness and due procedure. Substantive fairness in this regard refers to contracts that have been terminated with fair reasons. The fair reasons include misconduct, lack of capability, legal barrier and redundancy (Martin, 2004). Some employees have been dismissed with substantive fairness for misconduct, referring to those who commit something wrong and there is prove that they are responsible. It also encompasses employees dismissed for incapacity referring to failure to conduct duty to the desired expertise. Yet others are dismissed because for prolonged leaves dues to illness (Kimpton & Hatauf-Coles, 2008). Examples of procedurally dismissal includes when employees are dismissed and the right process is followed before terminating a contract. In such case Eagle Technologies ensures that leaving employees have fair hearing to give their part of the evidence. Therefore, in a fair dismissal an employer has a fair reason to terminate a contract and follows the right procedure (“Chapter 6 – Labor Law”, n.d).
Eagle technology has also dismissed employees unfairly on a number of occasions by not having fair reasons, or violating some of the set criteria. Unfair dismissal does not take place because of employees’ lack of competence, capability or qualification. It is not due to employee’s conduct or the fact that continuation of the contract is in contravention of a statutory requirement. In other words it is not justified by substantial reasons. Some of the employees who have separated with Eagle Technologies have been dismissed because of their membership and stance in trade unions. The company has an internal policy that does not permit members to be actively engaged in trade unions activities. In the last two years the company has also dismissed some women for getting married to the same sex. It has also dismissed men from minority groups like Hispanics. This amounts to unfair dismissal on the grounds of sexual orientation and race (UnionConnect, n.d). Additionally, one employee was recently dismissed unfairly for testifying against the firm in a lawsuit involving it and a former employee.
The Importance of Exit Interview to Both PartiesAn exit interview is conducted when an employee is leaving an organization due to voluntary resignations, dismissal or retirements. It should always be conducted regardless of the reason. There are a number of potential benefits that Eagle Technologies can generate by conducting an exit interview. This is primarily, to reduce the higher costs observed in the last two years in litigations or to lower the incredibly higher turnover rates especially for female workers. These benefits goes two ways as leaving employee can also benefit by averting possible lawsuit by Eagle Technologies for violating some clauses in the contract.
According to Silvberman (2001) it is important to conduct an exit interview when an employee with management or technical responsibilities leaves an organization to avert possible legal conflict. He argues that it’s particularly important when trade secrets or intellectual properties are involved and departing employee plans to work for a competitor. It is also important where part of the contract is a covenant that an employee would not compete with the employer organization in the future. In regard to trade secrets he explains that an employee is under obligation to keep them secret and to only use them while under employment. He also explains that the agreement not to compete bounds an employee not to indulge in competition with an employer within a geographic and can also prohibit them from soliciting employees from the organization. The exit interview provides room to address many such issue that Eagle technologies has observed for the last two years.
Eagle technologies can also benefit by conducting an exit interview by acquiring vital information to assist in improving employee recruitment and retention. This can be an opportunity to understand the main reason for leaving and use this information to save key employees (Belancik, 2011). The departing employee can speak freely and disclose information that otherwise would not be possible. The company can also get valuable feedback on its compensation and benefits program. In the last two years Eagle technologies, has doubled its salaries to reduce the higher turnover rates observed. However, this has not worked for the firm. Exit interview provides a god alternative to learn what else employees’ values and they would like to see some change (Buhler, 2011).
The Key Stages in Managing RedundanciesPoorly managed redundancy programs are precipitates for lawsuits for discrimination and unfair dismissal. Redundancy is an important approach to save a business from dissolution in difficult economic times. Eagle Technologies is currently undergoing its worst performance in terms of profitability and is in dire need to cut down operational costs. Redundancy is thus the only way to go, but should follow the following steps to avert the negative consequences.
The first step the company should follow is to prepare. It involves assessing the necessity for redundancy or building evidence that the firm is performing poorly and is in dire need for redundancy. This is followed by Selection process where affected people are identified. The criteria used ought to be fair and devoid of discrimination. The next step is individual consultation where each employee selected is debriefed and given alternative employment within the firm where possible. Then give employee written notices for dismissal and give room for appeal. Lastly, it is the termination process where employees are paid their statutory payments for redundancy (TurnstoneHR, 2011).
References
Belancik, G. (2011). Before You Go. Smart Business Atlanta, 8(12), p 26.
Buhler, P. M. (2011). The Exit Interview: a Goldmine of Information. Supervision, 72(8), pp 11-13.
Chapter 6 – Labor Law. (n.d). Retrieved on June 30, 2013 from: file:///D:/2013/Unfair%20Dismissal/15.html
Kimpton, C., & Hatlauf-Coles, C. (2008). You’Re Fired. New Zealand Management, 55(4), pp 50-53.
Martin, D. M. (2004). Dismissal. A to Z of Employment Practice, pp 167-176.
Silverman, A. B. (2001). Employee Exit Interviews – An Important But Frequently Overlooked Procedure. JOM, 53(11), p 48.
TurnstoneHR, (2011). Manage The Redudancy Process Effectively. Retrieved on June 30, 2013 from: http://www.turnstonehr.com/managing-redundancy-process/
Reflection question.
Student’s Name
Professor
Course
Date Reflection question.
The background of Dr. Charles McClelland is going to have a positive impact on the development of the Southwestern Athletic conference. Based on his argument, the body will experience a rapid change in the coming months. According to his rich history in sports, there is no doubt there could be transformation in the organization has he mentions. Although he has been a long serving career police officer, he has been involved in sports even in his police career. McClelland spend time at two SWAC schools incharge of athletics when he was still pursuing his education and during this period, he won trophies with his team. Equally, he persuaded the schools to make it a priority for the students who were participating in athletics to graduate. Listening at him speaking to Micheal, Washington and Charles on the changes he intends to bring to the Southwestern Athletic Conference, it is clear that he has the ability to implement the changes. Still, McClelland mentioned that he wanted to bring integrity to SWAC and given his background as a career police officer, he has all the experience needed to bring integrity into the athletics body. He also intimated that he wants to bring many people on board who can be able to support the team and looking at the achievements he has had in his previous career, he has the right network to accomplish this goal. The issue of broadcasting the events and partnering with different media houses was also a factor that can be achieved. He clearly understands the purpose of marketing the conference because this will many people on board who will be able to support SWAC. From the interview, McClelland has a clear vision on what he wants to achieve and his rich sports background will be a catalyst that will propel him to achieve the objectives for SWAC.
Post- 911 and Iraq War Reforms
Post- 9/11 and Iraq War Reforms
Name
Professor
Course
Date
Post- 9/11 and Iraq War Reforms
The war against terrorism by Iraq has been an area of interest in the world and especially to America. There were intelligence reforms that were put in place with regard to the American terrorist attack on the 11th September, 2001. The contemporary intelligence reforms have two sides to them and they are those that were geared towards preventing the pre-Iraq war error and those aimed towards the pre-9/11 intelligence errors Andrew (1995). The intelligence has the responsibility of running all the security issues of America and they were also charged with the responsibility of responding to terror threats by Iraq. According to Pillar (2011), there were assumptions that were brought forward which were explanations of how terrorism could be combated by having proper reforms in the intelligence system.
Intelligence has played a key role in decision making with regard to the American security. During the events of September 11th, 2001, intelligence was sent later on in 2003 to invade Iraq so as to deal with terrorists. The pre-9/11 intelligence errors are seen to stem from the Cold War whereby the intelligence made most of the decisions that led to the outcome of the war that became the Second World War. All post war leaders listen to the intelligence since they believe that the intelligence community should be able to predict wars, riots, military intentions and detect coups as well. However, these are too high expectations of the intelligence as sometimes wars can occur without any form of warning hence they cannot be predicted nor can there be adequate preparation to overcome such. The intelligence reforms in this case were to have proper U.S policies which are well understood even by the leaders that need the intelligence services and have realistic expectations which the intelligence community can be able to deal with regarding war on terror.
During the pre- Iraq war, there were consultations made through president bush and what steps would be taken against the terrorist, Osama bin Laden that had attacked America. Intelligence services seem to be highly influenced by the political class in the U.S hence its ineffectiveness to work as an independent body as it is intended to be without undue political influence. The Oval Office is the key stakeholder in decision making of how intelligence agencies should carry out a retaliatory attack on terrorism. After the September bombing, the intelligence in consultation with president Bush sent military troops to Iraq to deal with the terrorist and capture Osama. The errors that have been brought out in the 9/11 Commission Report show that better measures would have been taken to prevent the attack. The main reform brought forth is enabling the intelligence agency to be devoid of any administrative influence so that it can have a correct perception of foreign threats. This is also in addition to having the right means of adapting to foreign policy which will in future help in facing unforeseen and inevitable uncertainties.
These reforms were important as they would ensure that the intelligence agencies would be able to deal better with war threats or any security issues facing America. The errors previously made in combating crime and war, especially the post-9/11, will be in future avoided as the new reforms take shape and as they get implemented. The national intelligence has often been subjected to influence by the leaders and too much unrealistic expectations set for the agencies to accomplish in dealing with national security. The leaders also misperceive the intelligence’s ability to predict outside forces of influence and therefore have the agency is unable to work independently to deal with terror. Overall, the intelligence-policy relationship should be respected as it is and its operation should also be allowed to take place in line with these proper set out policies.
References
Andrew, C. (1995) For the President’s Eyes Only: Secret Intelligence and the American
Presidency from Washington to Bush, New York: Harper Collins Publishers.
Hamilton, K. (2006) The 9/11 Commission Report,
New York: W.W Norton & Company.
Pillar, P. (2011) Intelligence and U. S. Foreign Policy: Iraq, 9/11, and Misguided Reform,
New York: Columbia University Press.
McCarthy, G. (2009) Congressional Oversight of Intelligence: 9/11 and the Iraq War,
Washington D.C: ProQuest LLC.
Russel, R. (2007) Sharpening Strategic Intelligence: Why the CIA gets It Wrong and What Needs
to be done to get it Right, New York: Cambridge University Press.