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and safety | your business & influenza pandemics | harassment | Waitangi & Anzac Day holidays 2010 | The big 6 - DOL Resource for SMEs
The big 6
New employment relations and health and safety resource:
The Department of Labour has produced two new resources to assist businesses. The Big Six is a series of brochures that contain checklists and links to further information which businesses commonly seek: health and safety; hiring new employees; pay; holidays and leave; managing performance; and ending employment relationships. The Big Six is available to download from the Department’s website. The Code of Employment Practice on Infant Feeding was developed to provide assistance to assist employers and employees on how to provide unpaid breaks (in addition to rest and meal breaks) and appropriate facilities for women who wish to breastfeed their babies during a work period.
Download the brief here. To find out more about the Big Six, visit www.dol.govt.nz/big6. To find about the code, visit Code of Employment Practice on Infant Feeding www.ers.dol.govt.nz/parentalleave/infantfeeding/code/
Pre-employment
Job analysis
A job analysis should describe all important work behaviours, their relative
importance, and their difficulty level. A job analysis should include an analysis
of the important work behaviour(s) required for successful performance and
their relative importance and, if the behaviour results in work product(s),
an analysis of the work product(s). Any job analysis should focus on the work
behaviour(s) and the tasks associated with them. If work behaviour(s) are not
observable, the job analysis should identify and analyse those aspects of the
behaviour(s) that can be observed and the observed work products. The work
behaviour(s) selected for measurement should be critical work behaviour(s)
and/or important work behaviour(s) constituting most of the job.
Role Assessment
A role assessment evaluates an existing position within a company. Role assessments
should be carried out before you bring on any new staff to existing positions.
Analysing an existing job
If you're hiring to replace an employee
who's leaving you, you have more information and knowledge to work with. You
can talk with the employee who is leaving (in some cases) and, if you have
other employees doing the same type of work, you can get input from them. There
are a few ways to gather this information ranging from informal to formal,
and you may choose to try one or all of them.
Job analysis interviews
If you're gathering information about
a position that is currently filled by an employee, the best way to get good
information about that position is to talk with that employee. It can be especially
helpful if the employee is leaving and you will need to replace him or her,
or if you are hiring someone else to do similar duties as the current employee.
Job analysis interviews are especially helpful for analyzing management jobs.
Interviews can also be an excellent way to follow up on the information that
you assemble through written questionnaires.
If you have only one or two other employees, this approach may seem too formal
and drawn out for you. Instead, sit down with the employee and discuss which
duties may have changed and which skills they felt were the most important
in doing the job.
Employee observation
Observing employees is, historically,
one of the most commonly used job analysis techniques. In most small businesses,
the owner is the only supervisor, so to some extent you'll already be observing
the employee who's leaving. Observation can also serve as a complement to an
interview, just to be sure that nothing was left out. There are some drawbacks
to observation, though.
- A good job analysis will analyze the employee performing the job through
a complete job cycle.
- When observing an employee, the person observing has to be sure not to
let opinions about the employee get in the way of observing the job. Don't
analyze the employee - analyze the job.
- Observing employees is easier in a manufacturing or production environment.
Observing an administrative assistant may not be as easy because the jobs
and tasks may vary so widely from day to day.
Written questionnaires
A questionnaire is a written series
of questions completed by an employee that relate to the specific duties of
the job, the tasks the employee does most, and the skills the employee will
need to do the job. Questionnaires can be simple or complicated. The questions
can be highly structured or open ended. For most small businesses, you'll want
to ask a series of open-ended questions that allow the interviewee to give
a narrative form of answer, such as an essay question. Open-ended questions
are especially effective for positions that cover a wide range of responsibilities.
Remember, the main objective is to find out what is done and what you need
done. Going through this process can help you to crystallize your thoughts
into a clear picture of what you need and which skills a prospective employee
must have to do them.
Recruitment
Definition of a Job Description
The primary purpose of a job description or profile is to identify the essential
functions of the position. According to the Human Rights Act essential functions
are those tasks or functions of a particular position that are fundamental to
the position and removing them would dramatically change the nature of the job.
The Human Rights Act 2000, from which the issue of essential functions has come
into focus, lists several reasons why a function could be considered essential:
- The position exists to perform the function
- There are a limited number of other employees available to perform the
function
- A function is highly specialised, and the person in the position is hired
for special expertise or ability to perform it.
Knowing the essential functions of the job will aid you in:
- Writing appropriate interview questions
- Determining whether a person is qualified to perform the essential functions
How to Write a Job Description
So now it’s time to
write the job description. Have you carefully thought about what is REALLY
needed? Is there tolerance for a new person’s learning
curve?
Make a list of the top 5-8 things a person must do to be successful in the job.
These are performance objectives. Tasks are much easier to prioritise than lists
of skills and experience. Once you set up the major objectives for each job,
you’ll also want to touch on some supporting objectives such as management
or organisational issues, improvements you’d like to see implemented, technical
issues or team and people issues.
Get S.M.A.R.T, be Specific, Measurable, Action-orientated,
Results-focused and Time-based.
Job description checklist
- List all the knowledge, skills, and abilities necessary
to perform the job, divide them into requirements and preferences
- The requirements listed on the job description must support
the essential functions, and serve as the primary criteria
for selecting/rejecting candidates
- Don’t lock yourself into strict requirements that
may prevent you from considering qualified candidates. Consider
substitutions, for example 4 years of professional experience
or a bachelor’s degree
- Keep in mind that, under the Human Rights Act, you cannot
refuse to hire a qualified candidate who meets the requirements
and whose disability can be reasonably accommodated.
Definition of a job advertisement
Before you write your job ad, complete a job profile and/or
job description. They will help you write an ad that will attract
candidates to your company and are the best way to avoid wasting
time on interviewing people who do not meet your needs.
To be successful your advertisement must attract highly qualified
candidates and should be based on simple marketing techniques
that are easy to use.
Your advertisement is directly competing against others for
the same pool of candidates. If you want to attract the best
candidates you must make sure it draws candidates in and excites
them about the job and working for your company.
You should write a job advertisement as if you were writing
sales copy for a direct marketing advert. The job is the product
you are trying to sell and the applicants are the customers
you are trying to reach.
If you don’t ask the right questions, how can you get
the right answers? If you don’t get the right answers
you will employ the wrong person. That costs time and money.
Job interviews will help you decide whether a candidate has
the skills and experience to do the job. The better prepared
you are the more successful you will be. This section provides
documents and tips to help you design an effective interview.
Interviews should:
- Demonstrate the applicant’s ability to communicate.
- Help you find out more about the person and their knowledge
or experience levels.
- Help you decide between equally qualified candidates.
- Discover whether the person would fit in with a team or
work well with others in your company.
- Let the candidate ask you questions that may reveal more
information to help you make a decision.
- Be modified to suit the purpose.
Interviews can also be:
- Subjective.
- Open to the ”halo effect”. When the decision
is made within the first few minutes of the interview with
the rest of the time used to justify the original decision.
- Open to stereotyping.
- A forum where the negative aspects can carry more weight.
How to perform a successful job interview
- Use the job description to identify specific requirements
for the position. This should help avoid stereotyping.
- Prepare
the interview questions and be sure to ask each candidate
the same questions.
- Prepare questions that are job related
and encourage the candidate to give specific examples of
their experience. Non-job related questions have their
place but should be restricted to questions that reveal personality
traits or skills that relate to the environment.
Avoid
- Making quick decisions about an applicant
- Stereotyping applicants
- Giving too much weight to a few characteristics
Ensure
- You put the applicant at ease during the interview
- You communicate clearly with the applicant
- You maintain consistency in the questions asked
Questions you must always ask:
- Current salary and salary expectations?
- Career goals?
- Current job responsibilities?
- Projects and achievements?
- How they handle stress and meet deadlines?
- Type of management style that motivates them?
- Why they applied for the position?
- What expectations and reservations do you have about it?
- What do you think is likely to make the difference between success and
failure in the job?
- What is your greatest personal achievement?
- What are your goals and objectives and what steps have you taken to achieve
them?
- What are your strengths?
- What are your weaknesses?
- What types of people upset you most readily and what steps do you take
to work harmoniously with them?
- What kinds of situations cause you to feel tense or nervous?
- What is the hardest thing you have ever done?
- What aspects of your last/current job do you like least?
- How would your present manager describe you as an employee?
- What have you learned from your previous jobs that make you the ideal person
for this position?
- Describe an upsetting experience and what steps you took to resolve it?
Types of Interviews
Unstructured Interview:
Involves a procedure where different
unprepared questions may be asked of different applicants.
Situational Interview:
Candidates are interviewed about what
actions they would take in various job-related situations.
Comprehensive Structured Interviews:
Candidates are asked
questions on how they would handle job-related situations, job knowledge, worker
requirements, and how the candidate would perform various job simulations.
Structured Behavioural Interview:
This technique involves
asking all interviewees standardised questions about how they handled past
situations that were similar to situations they may encounter on the job. You
may also ask discretionary probing questions for details of the situations,
the interviewee's behaviour in the situation and the outcome. The responses
are then scored.
Oral Interview Boards:
This technique entails the job candidate
giving oral responses to job-related questions asked by a panel of interviewers.
Each member of the panel then rates each interviewee on such dimensions as
work history, motivation, creative thinking, and presentation. The scoring
procedure for oral interview boards has typically been subjective; thus, it
would be subject to personal biases of those individuals sitting on the board.
This technique may not be feasible for jobs in which there are a large number
of applicants that must be interviewed
Testing
Tests are a powerful tool in the recruitment process, providing information
about the candidate that interviewing and reference checking alone cannot.
Tests can also help you distinguish clearly and objectively between candidates.
Properly used tests can dramatically improve your chances of selecting the
right person.
What’s available?
Ability tests are among the most useful and valid tools available
for predicting success in jobs and training across a wide variety of occupations.
They are ideal for entry-level applicants or those without professional training
or degrees and measure the ability to learn and perform particular job functions.
These tests can be used to ascertain mental (verbal, quantitative, spatial),
physical (strength, endurance, and flexibility), general (verbal, mathematical
and reasoning skills) and/or specific abilities (such as reaction times, written
comprehension, mathematical reasoning, and mechanical ability).
Achievement tests or proficiency tests measure
a person’s current knowledge or skills that are important
to a particular job. Knowledge tests typically involve specific
questions to determine how much the individual knows about particular
job tasks and responsibilities. Work-sample or performance tests
require a candidate to actually demonstrate or perform one or
more job tasks and tend to be job related.
Personality inventories or profiles are designed
for use in employment contexts and are used to evaluate such
characteristics as motivation, conscientiousness, self-confidence,
or how well an employee might get along with fellow workers.
Using personality tests along with other assessments such as
interviews and referencing can be helpful in predicting future
performance.
Assessment centres – in the assessment
centre candidates are given a wide variety of tests and procedures
such as interviews, ability and personality measures, and problem-solving
exercises. Leaderless group discussions and role-play exercises
are typical components. Assessment centres are most widely used
for higher-level positions to assess managerial potential, potential
for promotion, problem-solving skills, and decision-making skills.
As this form of testing provides a comprehensive picture of a
candidate they can be very good predictors of job performance
and behaviour
Medical examinations – once you have
offered a position you can ask the candidate to have a medical
exam, as long as all people who will be employed for that role
are also required to do so. If you refuse to hire based on the
results of the medical exam, you must be able to show job or
business reasons why and that no reasonable accommodation was
available or possible without imposing undue hardship on your
business. A medical exam may disqualify an individual who is
deemed to be a direct threat to the health and safety of self
or others.
Questions must relate only to the job and the
candidate's ability to do it. You are not allowed to ask questions that may
discriminate such as when someone plans to have a family, how old they are,
what religious beliefs they have and so on. It would pay you to familiarise
yourself with the Human Rights Act.
What should you do if you receive a complaint?
Complaints don't have to be in writing, oral complaints must also be acted
upon. Either way they should be taken seriously. You should:
-
Interview the person who has complained and let them know in advance of
the time of an arranged meeting and that that they may bring a support person.
-
DO NOT JUDGE the person.
-
Take full notes and ask the person with the complaint to sign them as a
correct record of the discussion.
-
Some people may not wish to take any further action and just want to get
it off their chest.
-
Ask for any witnesses who may be able to verify their complaint.
-
Ask them not to discuss the complaint with others.
If you are unsure contact info@hughesdirect.com for
advice and assistance early in the process.
Every company should:
1. Designate an employee to whom complaints can be taken. This person should:
-
Be given training on sexual harassment prevention.
-
Be expected to promote the policy and inform employees about their rights
and responsibilities.
-
Keep up to date on developments in the area of sexual harassment.
-
Establish formal and informal complaint procedures.
2. Form a company statement.
The harassment policy statement should say that
sexual harassment will not be tolerated in the workplace and that action
will be taken should harassment occur. It should also include a description
of what sexual harassment is.
3. Have a formal complaints procedure, the
process of which should be readily available to staff. It should include:
-
Explanations that complaints of sexual harassment will be handled promptly,
privately and in a fair manner.
-
The contact details of the designated employee to whom staff can go to
with inquiries or complaints.
-
Assurance that all discussions and any investigations are to be conducted
in the strictest confidence.
-
Clearly set out procedures that are understood by both staff and management.
4. Make sure all staff are aware of their rights
If you have an induction
programme and/or company policy it would be appropriate to include the harassment
policy in both. A sexual harassment prevention programme will reduce the
risk of the harassment occurring and protect you from liability should it occur.
Employment contracts
Anyone employed after 2 October 2000 must have a written employment agreement.
This contract can be either an individual agreement or a collective one.
Click here to read about employment legislation.
Creating a contract
We have found that many of our members believe creating an employment contract
is a complex and time consuming process, so the Chamber has put together two
options to help members create their own contracts quickly and easily. These
two options provide guidance to employers and employees on what content to
use in the creation of individual full or part time employment agreements.
Remember this information is a starting point for creating a contract that
best suits your company needs and situation.
The first option is to download the template
of a generic individual contract we have created and simply fill
in the blanks. This template uses a standard employment contract
and parts of it can be filled in, adjusted or removed depending
on your company and contract specifics. We have also provided
a generic staff handbook template that has been designed to be
used in conjunction with the contract as a reference tool for
communicating, in more detail than the contract does, company
information, policies and procedures to employees.
The second option is to visit the Department of Labour's
website and use their 'Employment Agreement Builder' tool which allows you
to tailor a contract literally at the click of a few buttons. The site also
provides examples of covering letters to help employers meet the requirements
of the Employment Relations Act when offering employment.
Click on the following link to go to the Department of Labour's Employment
Agreement Builder
www.ers.dol.govt.nz/relationships/builder/index.asp
If you require a more in-depth or specific contract we suggest you consult
an HR company such as Hughes Direct. You can contact Kathy Hughes for more advice
by emailing info@hughesdirect.com.
Many companies now have ongoing relationships with self-employed
contractors who are dealt with as independent supplier businesses.
The contractor provides an ongoing, often daily service, yet is not
on the payroll as an employee.
Hiring independent contract staff may be a good option for your
business if you need someone to:
- manage a specific project.
- provide the company with specialist skills
- fill a short-term vacancy
- provide assistance during peak periods of the business year.
- assess the need for a position in your company and weigh the
costs against the benefits
An employer is not able to avoid his obligations with regard to
the ERA by opting for an Independent Contractors Agreement – like
any other employment decisions this one must be made in good faith.
Salaries
Salary Survey Guide
The Auckland Chamber of Commerce carries out an annual salary
survey to provide its members with a gauge of wage trends and to
allow them to offer competitive salaries to their staff.
Every year the Auckland Chamber of Commerce provides detailed salary
information for more than 100 job roles.
Please click here to view
the 2008 salary survey.
Minimum Wage (New Entrants) Amendment Act 2007
From 1 April 2008 the minimum wage for employees aged 16 years and over will rise to $12.00 an hour before tax, except for
new entrants and employees subject to the minimum training wage.
Please click here for full details.
Induction procedures
Induction manuals or handbooks are basic human resources tools used for
communicating information to employees. There is no law that requires you to
provide an induction programme for your new employee. There are a number of good
reasons why you should.
- A well thought out induction manual and programme will answer most of the
questions that any new employee would want to ask.
- Publishing the company rules and policies leaves nothing to doubt and will
reassure an employee that everyone is treated fairly and consistently.
- Certain information must be provided to employees by law. An induction
manual can easily fulfill some of these needs.
The manual should summarise the relationship between you and your employee
and briefly describe what management expects. They should be given to and read
by all employees.
The manual should contain general information about:
- The company and its mission;
- The rules and procedures an employee needs to know to be successful in
their position,
- The salary, pay issues and benefits.
The manual should also provide a framework for the orientation of new
employees to help them better understand the companys operations and structure.
An example of the structure of an induction manual could be:
Introduction
- About this handbook
- Equal employment opportunity
- Company structure and mission statement
Employment
- Job description
- Probationary period
- Performance appraisals
- Code of conduct
- Company policies such as phone use, computer use, smoking and drugs and
alcohol
- Disciplinary procedure and the complaint and appeal procedure
- Sexual harassment and the complaints procedure
- Health and safety information and policy
- Occupational health information and procedure
Leave entitlement
- Holidays
- Special and sick leave
- Jury duty
- Parental leave
Work environment
- Salary/wages and payroll information
- Office phone and extension numbers
- Staff list
- Emergency evacuation procedures
- Parking
- Arranging travel and accommodation
- Dress code
- Who is the health and safety representative
- Benefits such as health insurance
- Identification cards
- Stationary supplies
The induction process should begin as soon as the selection decision is made
and should continue for a period after the employee starts work. An effective
programme would include:
- Physical orientation - where everything is and how to use the equipment
- Meet the team - how they fit into the company, key staff
- Their role ® job description, whats expected and terms and conditions
A well designed plan can be amended to suit each new employee containing
areas specific to their role as well as more generic company information. You
might want to break this down into day, week and monthly elements. A check list
for each part of the induction plan will ensure that all necessary parts of the
induction have been covered. In particular the mandatory areas such as health
and safety, policies and procedures, and the job description.
At the end of the induction programme you should ask the employee to sign an
agreement confirming that they have read and understood the information. You
might like to add a feedback questionnaire to help you improve the process and
if you are really keen you could ask the employee to complete a quiz testing
their knowledge.
An induction programme and more information can be found on this site. For
more personal assistance contact
info@hughesdirect.com.
Annual holidays and other leave
As of April the 1st 2004 the Holidays Act 2003 replaced the previous legislation
for public holidays, annual holidays and sick and bereavement leave. The Act applies to all employees whether full time, part-time or casual.
As of 1 April 2007, each employee is entitled to four weeks' paid annual leave after 12 months of continuous employment and on the anniversary of the day they started working with your company. The sick leave entitlement is five
days and the bereavement leave is three days for each immediate family bereavement
and one day for other close associations.
Retention
Creating loyal staff
Companies who keep their staff happy reap the rewards – from
increased company loyalty to lower staff turnover rates and higher
productivity levels. While some large organisations can offer generous
bonuses, overseas trips, company cars and extensive opportunities
for promotion, there are many less extravagant initiatives that
can work for smaller companies.
Research has shown that while profit sharing, fitness classes,
product discounts and material rewards are attractive to employees,
flexible hours and involving staff in decisions play an equally
important role in keeping them happy, productive and loyal to their
employer.
Company policies around filling jobs internally, promoting people
from within and letting staff stagger their hours to allow for
childcare arrangements and outside study, all contribute to staff
loyalty.
Loyalty Drivers
- Keep staff informed about decision-making
- Give staff special projects
- Include existing staff in the recruitment process
- Facilitate flexible working hours where possible
- Keep the communication channels open between employees and
management
- Make sure staff are aware of financial goals and results
- Place trust in employees and empower them to make their own
decisions
- Choose the right people for the job
- Show consideration for employees personal interests
- Provide strong leadership
- Hire people who are passionate about what they do
- Set realistic financial goals for your business
Building flexibility and trust
Many organisations now offer a range of flexible working options
to help their employees balance work and home life. People may
work reduced hours each day, or each week, or job-share with another
employee so that all working hours are covered. They may work a
particular shift pattern or a nine-day fortnight or only during
term times so that they can care for their children in the school
holidays. They may benefit from shift working, flexi-time arrangements
or home working.
Unfortunately, some employers' perceptions about job sharing,
part-time and atypical working can often be negative. When asked
to consider a request to job share the automatic response can be
to see immediate problems and insurmountable obstacles. Job sharing
can seem to cause operational difficulties in the changes that
it can mean to working hours.
Some difficulties are genuine. But with some practical thought
and a commonsense approach most of the perceived difficulties can
be resolved effectively. And if you are prepared to look ahead,
job sharing has benefits that can make it well worthwhile. It can
result in a happier and more fulfilled workforce able to combine
working life with a family role. Some disabled employees might
find it beneficial to arrange a flexible working package. Flexible
working can reduce absenteeism, increase productivity, and improve
commitment and the retention of skilled staff.
Job sharing, part-time working, and any working pattern that
might be described as "atypical", has often been marginalised
as an "accommodation" to women with children. They have
been viewed as something that simply had to be tolerated in circumstances
where to do otherwise would break the law.
But increasingly employees of both sexes have different expectations
of working life. Social changes have put additional demands on
individuals and altered their needs and expectations. A rise in
the number of women in the workforce, dual income families, and
an ageing population means that many employees have childcare or
elder care responsibilities. More and more weight is being placed
upon a work-life balance with employees becoming less willing to
accept a culture of long and/or rigid hours of work. There is an
increasing expectation/demand for working patterns that allow a
person to maintain a fulfilling career and allow adequate time
for life outside.
Regular performance reviews will help you stimulate, develop and encourage
your staff to be more pro-active within a successful team environment.
Key Performance Indicators (KPIs) should be part of the job description.
You then have the ability to identify areas of accountability should performance
issues arise. The employment agreement should state clearly the levels of performance
the employee is expected to reach, the skills necessary and the expected outcomes.
It should ideally be two-way process. The performance bit outlining the outcomes
expected, the management bit building the relationship between you and your
employee.
Performance management and appraisal is the means by which you monitor and
develop someone's performance for the benefit of the person and the company
as a whole.
Performance management should be seen as positive. A way to encourage, coach
and develop staff that are able to achieve. Informal quarterly reviews provide
two way feedback for both the employee and employer and are a valuable forum for
discussions of future expectations.
Performance management procedures should be appropriate to the environment.
Those for warehouse staff may be more task focused than perhaps the sales team
which might be more target driven. The performance measures may be set by discussion
between yourself and your staff member. Sound performance measurement procedures
should prepare the ground for your succession planning and greatly assist in
increased retention of staff and valuable skills within your company.
The process should set a framework that clearly defines performance expectations
including those not being met and allows you to follow a fair and reasonable
disciplinary procedure should it become necessary. You can not discipline a
staff member for repeated poor performance if the parameters have not previously
been clearly defined and discussed. Annual performance appraisals are not sufficient.
The staff member should be well aware of any lack of performance well before
any disciplinary action is taken.
While retaining and developing under performing staff is expensive, it is
usually far more costly to be continually recruiting and training new staff.
People are the assets of an organisation and can be the backbone behind a
company's
competitive advantage.
With sound performance management processes in place dismissal for poor performance
will become a rare event but it takes time and effort. They will enable you to
identify any issues early and take steps to provide training, development and
support for the staff member. Without it the employee could believe that their
level of performance is satisfactory and they may leave the rest of the team
to pick up the pieces. A solid performance procedure can result in an employee
improving and becoming a valued member of staff.
Employment Court decisions have forced companies to give an employee time to
show steady improvement.
And if you are to loose the staff member then the use of exit interviews as
the final part of performance management can shed valuable light on areas of
training and development and ideas for the future retention of staff. The reasons
for leaving can often be enlightening and should never be ignored. If at all
possible exit interviews should be carried out after the employee has left the
role. They will be less emotional about leaving friends and colleagues and not
subject to the stress of starting a new job.
Various styles of performance appraisals and an exit interview templates are
available from www.hughesdirect.com
or contact info@hughesdirect.com.
Expectations of a manager in doing a performance appraisal
The following is typically expected from company managers when
doing performance appraisals:
- Translate organizational goals into individual job objectives.
- Communicate management's expectations regarding employee performance.
- Provide feedback to the employee about job performance in light
of management's objectives.
- Coach the employee on how to achieve job objectives/requirements.
- Diagnose the employee's strengths and weaknesses.
- Determine what kind of development activities might help the
employee better utilize his or her skills to improve performance
on the current job.
The performance appraisal process
The performance appraisal process typically consists of four interrelated
steps as follows:
- Establish a common understanding between the manager (evaluator)
and employee (evaluatee) regarding work expectations; mainly,
the work to be accomplished and how that work is to be evaluated.
- Ongoing assessment of performance and the progress against
work expectation. Provisions should be made for the regular
feedback of information to clarify and modify the goals and expectations,
to correct unacceptable performance before it is too late,
and to reward superior performance with proper praise and recognition.
- Formal documentation of performance through the completion
of a performance and development appraisal form appropriate
to the job family.
- The formal performance and development appraisal discussion,
based on the completed appraisal form and ending in the construction
of a Development Plan.
Before trying to implement any training solutions it is important to identify
what needs may exist for both individuals and team environments. A needs/gap
analysis should be conducted bearing in mind both current skill base and future
requirements for procession planning.
Areas to consider:
- Business needs: Identify who decided that training should be conducted,
why a training program has been recommended as a solution to a business problem,
what previous training has been provided by the organisation.
- User: Who will get the training, what is there level of existing knowledge
on the subject, what is their learning style, and who will conduct the training.
- Work: Look closely at the tasks being performed in the job and the level
of performance expected. A job profile or competency matrix can help with
determining the main duties and skill level required. When this information
is matched with the detail on the person to be trained you will be able to
identify the type of training required and ensure that it is linked to the
needs of the job.
- Suitability: Training is one of several solutions to employment problems.
However, it may not always be the best solution. It is important to determine
if training will be effective.
- Cost: What will be your return on investment? The right training will result
in a return of value to the organisation that is greater than the initial
investment to produce or administer the training.
A training assessment guide and check list is available to assist with the
processes.
www.hughesdirect.com
For more information please contact info@hughesdirect.com.
Disciplinary procedures
Disciplining and dismissing employees
Any employee who is not contributing to your company and its goals through
poor performance or unacceptable behaviour should be asked to leave. Or at least
thats what you might like to do. However you must by law make sure you have
gone through a discipline process that is procedurally fair. This will also
protect you should an unfair dismissal claim be filed against you and you have
to get involved in mediation or court. You must guard against being accused
of firing the person without due process.
Click here to download an
Employer's FAQs Guide to Discipline and Dismissal in the Workplace.
There are some more important and
positive reasons for following the disciplinary procedure as set down in the
Employment Relations Act 2000:
- You may be able to turn the employee around and gain a well functioning
employee.
- You may find out what is wrong with your work rules and polices which can
be changed to make the work environment for your employees more effective.
- By evaluating the employee and providing him or her with training and assistance
you may find out what is wrong with your selection process.
- By allowing an employee a chance to change their performance before you
discipline you demonstrate to other employees that you are fair and willing
to give employees a chance.
Disciplinary procedure means that you move through increasingly stronger counselling
or training in an attempt to bring the employees performance or behaviour to
an acceptable level. The critical ingredients are due notice, a chance to improve,
and a review process.
The following are the usual steps:
- Counselling
- Oral warning
- Written warning
- Final written warning
- Termination
ANY stage can be used depending on the severity of the misconduct.
Disciplinary matters should be:
- Avoided wherever possible by redirection, retraining, coaching, counselling
etc.
- Dealt with by those who have authority to handle such matters.
- Dealt with promptly and thoroughly. Get and check all the facts.
- Dealt with in a manner that is procedurally fair.
You may feel that disciplinary action is necessary where there is:
- Persistent poor performance.
- Absenteeism.
- Breaches of company rules.
- Serious misconduct.
The question of what a fair procedureis differs in each case. The Courts have
given guidelines to what they consider is procedurally fair. Some of the minimum
requirements are:
- The employee is fully aware of the expectations of their job description
- The employee is told exactly what the shortcomings are.
- The employee is given adequate warnings that the shortcomings must not continue
and that dismissal will be considered if they do continue. Oral and written
warnings should be given when appropriate.
- The employee is to be given adequate opportunity to correct the shortcomings
mentioned.
- The employer is to provide adequate training where incompetence is suggested.
- The employee is given a fair hearing when the misconduct or incompetence
continues.
- Employees are given the right to representation and time to arrange such
representation at disciplinary meetings.
- The employee is given the opportunity to respond and question statements
and to ask questions.
- The employee is given assistance and sufficient time to correct the shortcomings
complained of.
- The right of appeal.
Counselling is used to try and change the employees behaviour / performance
through listening to the employee and if appropriate, offering options to assist
them.
- You should speak to the employee, define the problem as they see it and
ask the employee whether they see it in the same light.
- Describe the performance/behaviour that is required and work with the employee
to develop a course of action that will help them reach the required standard.
- Use as many counselling and problem-solving sessions as is appropriate.
This approach usually resolves most problems. An informal note should be kept
of all counselling and problem solving meetings with employees.
Disciplinary action, investigation or meeting
(Oral, Written and Final Written Warnings and Dismissals)
Step 1 - preliminary investigation
- Investigation should take place as soon as possible after the alleged incident.
- If appropriate, check with all witnesses.
- Assemble facts and evidence relating to the misconduct/allegation.
- Check and eliminate alibis or excuses .
Step 2 - Advice to employees
- Advice employee of nature of allegation /misconduct/performance issues.
- Advise employee of potential impact on employment if allegation is sustained.
- Advise employee of meeting time and arrange a private room.
- Advise employee of their right to have representation .
- Advise employee the matter will be fully investigated and opportunity given
to explain misconduct /poor performance.
The employee must be offered representation. They have the right to refuse
such representation. You should also have a company witness present.
Step 2A - Suspension
Suspension is useful to take the heat out of a situation, or give time to
investigate the allegations fully, but is should only be used if:
- The allegation directly impinges on the employees ability to carry out
their duties e.g. unauthorised possession of company property, gross misconduct
/ negligence or violent behaviour.
- Does not predetermine the outcome of the investigation.
- Is necessary for a proper investigation or further investigation.
- Does not prejudice the employees ability to prepare themselves for that
interview.
Inform the employee that suspension:
- May be necessary to allow a full investigation.
- Employee advised they may take advice from representation before proceeding.
- Inform the employee about allegations and possibility of formal disciplinary
action or dismissal.
- Advise the employee they will consider suspension on pay pending outcome
of investigation.
- Advise the employee that suspension is not disciplinary action but is appropriate
while investigation takes place.
- Suspension without good cause is a breach of contract.
- Investigation should be carried out as quickly as possible.
- Full notes should be taken and kept of the interview at which the employee
is informed of suspension. Record who was present, what was said and who said
it plus date, time and location. The supervisor should have a company witness
present.
Notes:
- The employee must be given the opportunity to put forward their view opposing
suspension and these views must be considered by the employer prior to any
decision being made.
- Employee remains on full pay while suspended.
Step 2B - Formal investigation
A formal investigation should involve:
- Checking with any witnesses, if applicable.
- Assembling facts and evidence regarding the allegation.
Step 3 - Discipline interview
- You should conduct the interview with a representative of the company as
a witness in a private meeting room.
- All facts, allegations and issues must be put to the employee.
- Employee should be told the consequences if the allegations are sustained.
- Employee must be given a real chance to explain or justify their actions.
- Full notes must be taken during the interview. They should note who was
present, what was said and who said it, the date, time and location. Notes
must contain the employees responses/explanation to the allegations.
- Any suggestion that management had made up its mind before the interview,
will seriously prejudice chances of sustaining the disciplinary action if
it is challenged. IT IS GOOD MANAGEMENT TO GIVE EVERY EMPLOYEE A FAIR HEARING.
- The employee should be informed that you will retire to consider the outcome
of the meeting and that a further meeting will be arranged with the employee
when a decision on how to proceed has been made. This meeting should be as
soon as possible but not with too much haste. You need to be seen to giving
full consideration to the employees explanations.
If after objective consideration of the employees explanation you decide that
a warning is appropriate, you must notify the employee Orally of the level of
warning that will be issued (i.e. written warning or final written warning).
You must advise the employee that if the problem is not corrected within a reasonable
period of time, then further disciplinary action will be taken.
You must advise that the warning will be kept on file. Write and place a letter
on file that describes specifically what the problem is, what action has been
taken to solve the problem and what solution is necessary.
The letter should be shown to the employee inviting them to sign it as an
acknowledgement that it records accurately what was discussed. The employee
may add their own comments if they wish. Employees should be made aware that
they can appeal disciplinary action at any stage.
Oral warning
In cases of continued poor performance or the first instance of minor misconduct
a Oral Warning is the most appropriate step. Use Oral Warnings where counsellings
have failed to produce an improvement or when a single incident is serious enough
to warrant a formal warning.
Written warning
This is for instances where a performance problem or instance of misconduct
continues following a Oral warning or the level of misconduct is significant
enough to justify going straight to the written warning.
Final written warning
- Use a final written warning in cases where performance or behaviour continues
to be a problem following a written warning or where the level of misconduct
or poor performance is significant enough to justify going straight to a final
written warning e.g. fighting or unlawful possession of company property.
All warning letters must state the following:
- Be specific (quality of work, attendance, breach of company policy, specific
misconduct).
- State exactly what improvement is required and how it is to be measured.
- The review date where the warning is issued for poor performance.
- How long the warning will remain in effect.
A warning should expire after 12 months.
Termination can only take place when all other steps have failed or where the
employee has committed a serious breach of their employment contract.
For more comprehensive assistance see www.hughesdirect.com.
The principle objective of the Health and Safety in Employment Act or HASE is
to prevent harm from occurring to employees while they are at work. It does this
by imposing a wide range of responsibilities on employers and managers to
develop systems.
Click here to read about the Health and Safety in Employment Amendment Act
2002.
For more information and guidelines see
www.hughesdirect.com. Or contact
info@hughesdirect.com
More useful links
Sexual and racial harassment is illegal. It contravenes both the Human Rights
Act 1993 and the Employment Relations Act 2000. It could cost you dearly. Damages
awarded have been as high as $76,000.00. The average award is around $7,000.00.
In addition most people who are sexually or racially harassed at work, leave.
So you could end up writing a cheque and loosing an experienced member of staff
which will cost you in terms of recruitment and re-training. Lets not forget
the effect on the rest of your staff, low morale, lost productivity and increased
absenteeism and then there are your legal fees.
If the harassment occurs at work then both the employee who harasses another
member of staff and you (the company) could be liable even if you knew nothing
about it.
Avoiding these risks is relatively easy. Put in place a sexual harassment
policy and procedure. You will then be able to demonstrate that you have taken
–such steps as are reasonably practicable to prevent” sexual harassment taking
place.
Sexual harassment can occur:
- When a request is made of any employee of a company for any form of sexual
behaviour leading to:
- A promise of preferential treatment at work
- A threat of detrimental treatment at work
- A threat about future employment status
- By use of pornographic material, written or spoken words or physical behaviour
of a sexual nature that is unwelcome or offensive to the employee, and which
is either repeated or of such a significant nature that it has a detrimental
effect on the persons employment, job performance or job satisfaction
- By an employees use of behaviour of a sexual nature, which is unwelcome
or offensive to a client of the company or a member of the public.
Please note:
- Sexual harassment can be by a more senior member of the staff, a team member,
or one of the companys customers.
- Incidents that occur outside work hours and work premises, but with a work
connection, may still constitute sexual harassment.
- It is conduct that it has a detrimental effect on the individuals employment,
job performance or job satisfaction.
- A single act of a sexual nature, be it words or physical behaviour, may
if sufficiently serious, constitute sexual harassment.
- It is conduct subjectively unwelcome or offensive to that person. The test
is whether the behaviour is freely and mutually welcomed by both parties.
- The fact that a person does not mention or complain that certain behaviour
is unwelcome or offensive at the time, does not mean that the behaviour is
acceptable and that no harassment has taken place, and is no defence later
on.
Examples
Sexual harassment may include:
- Sexually offensive comments
- Sexual or smutty jokes
- Comments of teasing about someones alleged sexual activities or private
life
- Persistent, unwelcome social invitations or phone calls from other employees
- Offensive hand or body gestures
- Patting, pinching, touching or putting an arm around another person
- Pictures or posters or e-mail of a sexual nature such as girlie calendars
- Sexual assault or rape
Harassment is not limited to just these actions and can be experienced by both
men and women.
Racial harassment
Racial harassment includes such behaviour as:
- Unwelcome and offensive comments, gestures or off-colour jokes about race,
colour, religious or ethnic beliefs.
- Use of derogatory names or terms.
What to do if you receive a complaint
Complaints dont have to be in writing, oral complaints must also be acted
upon. Either way they should be taken seriously. You should:
- Interview the person who has complained and let them know in advance of
the time of an arranged meeting and that that they may bring a support person.
- DO NOT JUDGE the person.
- Take full notes and ask the person with the complaint to sign them as a
correct record of the discussion.
- Some people may not wish to take any further action and just want to get
it off their chest.
- Ask for any witnesses who may be able to verify their complaint.
- Ask them not to discuss the complaint with others.
If you are unsure contact info@hughesdirect.com
for advice and assistance early in the process.
Every company should:
- Designate an employee to whom complaints can be taken. This person should:
- Be given training on sexual harassment prevention.
- Be expected to promote the policy and inform employees about their rights
and responsibilities.
- Keep up to date on developments in the area of sexual harassment.
- Establish formal and informal complaint procedures.
- Form a company statement.
- The harassment policy statement should say that sexual harassment will
not be tolerated in the workplace and that action will be taken should harassment
occur. It should also include a description of what sexual harassment is.
- Have a formal complaints procedure the process of which should be readily
available to staff. It should include:
- Explanations that complaints of sexual harassment will be handled promptly,
privately and in a fair manner.
- The contact details of the designated employee to whom staff can go
to with inquiries or complaints.
- Assurance that all discussions and any investigations are to be conducted
in the strictest confidence.
- Clearly set out procedures that are understood by both staff and management.
- Make sure all staff are aware of their rights
If you have an induction programme and/or company policy it would be appropriate
to include the harassment policy in both. A sexual harassment prevention programme
will reduce the risk of the harassment occurring and protect you from liability
should it occur.
Sexual harassment policies and programmes can be downloaded from www.hughesdirect.com
IMPORTANT NOTICE AND DISCLAIMER
This document and all other documents on this website are provided as
resources only. They do not purport to constitute or substitute for legal advice.
HughesDirect.com (Pat OShea & Associates Limited) do not accept responsibility
for the consequences of use of this document nor for any errors/omissions or
misdescriptions of any kind. This disclaimer shall be a term of use of this
and other documents on this website.
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