BSBMGT502B Webinar 2
Assessment 3
Case Study – BSBMGT502B
This is Assessment 3 for this Unit
In this Webinar we will cover:
The situation that happened leading up to the dismissal of Sam
The unfair dismissal claim
Discussion on the judgement
What could have been done to avoid the situation
What should be done in the future to avoid such a situation Summary
Sam (Samantha) is a programmer.
She has missed deadlines.
She is not familiar with the new programming language.
As Sam’s manager you have been managing her more
effectively.
In a meeting with Sam to discuss her not meeting her latest deadline she:
Physically struck you,
walked out of the office, and
has not returned.
Summary (continued)
Sam contacted her Doctor after the meeting and was
given a sick leave certificate for 7 days.
This was sent to the HR Dept. and Sam called and verified receipt. 3 days after your meeting with Sam you advised your
Supervisor that Sam had struck you and had reported ill.
Meeting with HR held and Sam was dismissed.
Sam filed for unfair dismissal with the AIRC (now Fair
Work Australia).
Sam’s claim for unfair dismissal was found true by AIRC.
Reasons given by AIRC
The employer failed to follow a formal disciplinary
process.
There was no impartial investigation carried out.
There were no records of any notes provided by the employer to back the claims that there had been meetings and reviews. The only written evidence produced was the termination letter.
The original version of the medical certificate was not produced in the hearing by the company.
Reasons given by AIRC (continued)
Sam produced a verified copy of her medical certificate in
the hearing along with email evidence from the Human
Resources department confirming that the medical certificate had been received by the organisation and entered into its files.
No documented evidence of any meetings, coaching sessions had been kept by the employer.
No performance management review or
Case Study – BSBMGT502B
This is Assessment 3 for this Unit
In this Webinar we will cover:
The situation that happened leading up to the dismissal of Sam
The unfair dismissal claim
Discussion on the judgement
What could have been done to avoid the situation
What should be done in the future to avoid such a situation Summary
Sam (Samantha) is a programmer.
She has missed deadlines.
She is not familiar with the new programming language.
As Sam’s manager you have been managing her more
effectively.
In a meeting with Sam to discuss her not meeting her latest deadline she:
Physically struck you,
walked out of the office, and
has not returned.
Summary (continued)
Sam contacted her Doctor after the meeting and was
given a sick leave certificate for 7 days.
This was sent to the HR Dept. and Sam called and verified receipt. 3 days after your meeting with Sam you advised your
Supervisor that Sam had struck you and had reported ill.
Meeting with HR held and Sam was dismissed.
Sam filed for unfair dismissal with the AIRC (now Fair
Work Australia).
Sam’s claim for unfair dismissal was found true by AIRC.
Reasons given by AIRC
The employer failed to follow a formal disciplinary
process.
There was no impartial investigation carried out.
There were no records of any notes provided by the employer to back the claims that there had been meetings and reviews. The only written evidence produced was the termination letter.
The original version of the medical certificate was not produced in the hearing by the company.
Reasons given by AIRC (continued)
Sam produced a verified copy of her medical certificate in
the hearing along with email evidence from the Human
Resources department confirming that the medical certificate had been received by the organisation and entered into its files.
No documented evidence of any meetings, coaching sessions had been kept by the employer.
No performance management review or