Disciplinarily Process
07/02/13
Natalie Dahl
Introduction:
The purpose of this report is to provide the background and reasons why the decisions by Fair Work Australia were made in Sam’s favour. It identifies areas the company needs to address and implement in order to prevent this type of situation from occurring again.
Work History as Sam’s Team Manager
As Sam’s Team Manager I was aware that my predecessors response when dealing with her lacked in encouragement and was poorly handled. Sam is a diligent worker however, due to the company changing programming language to one Sam was unfamiliar with she has been unable to meet specific deadlines.
Time was spent with Sam trying to understand her issues and Resources relocated in order to allow Sam extra time until she was confident and competent using the new programming language.
The offer of additional training was made , but no specific timelines for a performance review to discuss progress on meeting the required standard of performance were given.
During the final meeting with Sam about her inability to meet her latest deadline, Sam physically struck myself and left the office.
A Medical certificate was sent to the office the following day, advising Sam was unfit for work due to stress. The receipt of this medical certificate was confirmed over the phone by Sam, to the HR department and conformation made that it had been documented and filed accordingly. It was then the next day that the incident was reported by myself to my supervisor.
A meeting was held with myself, my supervisor and the HR Department, the result was that Sam would be terminated on the basis of serious misconduct.. A letter was sent by registered mail to Sam’s personal address. It was two days later that the unfair dismissal claim was filed by Sam with Fair work Australia.
Fair Work Australia Hearing:
The outcome of the Fair Work Australia hearing between the company and Sam went in Sam’s