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Termination

Termination

the in/voluntary ending of an employment contract

Retirement

voluntary termination. employee gives up work to no longer be part of the workforce.

Retirement Entitlements

unclaimed annual or long-service leave

Retirement Transition Considerations

-assistance in preparing retirement plan

-access to support and advice services to prepare

Resignation

voluntary termination. employee ceases their employment to find work elsewhere. must give 2-4 weeks notice.

Resignation Entitlements

any unclaimed annual/long-service leave

Resignation Transition Support

letter of reference, act as referee for resume

Annual Leave

paid time off that an employee is entitled to take in a year

Long-Service Leave

paid time off granted to employees who have worked with the same employer for a certain number of years.

Redundancy

in/voluntary termination. job is no longer required and ceases to exist.

Redundancy/Retrenchment Entitlements

-severance/redundancy payment

-any unclaimed annual/long-service leave

Redundancy/Retrenchment Transition Support

-sufficient early notice

-outplacement services

-access to a trained counsellor

-letter of reference

Retrenchment

involuntary termination. person terminated because there is not enough work to justify paying them.

Workplace Relations

employer and employee relationship, determine acceptable level of pay and working conditions for both to minimise conflict.

Dismissal

involuntary. employee terminated due to poor performance or behaviour breaches contract

Dismissal Entitlements

-written notice of dismissal

-payment in lieu of notice

-sufficient notice based on years of service (1 year = 1 week)

Employees Want

higher wages, better working conditions

Both Want

increased productivity, business survival

Employers Want

higher profits, low costs

Effective workplace relations

employees satisfied, business productive and profitable, no disputes

Workplace Relations Participants in INTERNAL Environment

employers, employees, HR managers

Workplace Relations Participants in EXTERNAL Environment

unions, government, fair work commission

Role of HR Manager in Workplace Relations

deal with disputes, ensure employees receive correct wages/entitlements

Role of Employees in Workplace Relations

negotiate individual contracts, communicate grievances/concerns

Union

organisation formed by employees in the industry aiming to improve wages and working conditions.

Role of Unions in Workplace Relations

listen to grievances, organise industrial action

Role of Employer Associations in Workplace Relations

keep members informed of legislative changes, help members in negotiating workplace agreements

Employer Associations

union but for employers. united employers which promote the common interests of employers in workplace relations issues.

Fair Work Commission

Australia's national workplace relations tribunal created by the Fair Work Act (2009)

Role of Fair Work Commission in Workplace Relations

umpire for unions vs employer associations, deal with unfair dismissal applications, approve workplace agreements, set national minimum standards of wages and working conditions

Centralised System Methods

industry-wide awards

Decentralised System Methods

collective (enterprise) agreement, individual contracts

Industry Wide Awards

legally binding wages and conditions that apply to specific industries. (Set by Fair Work Comission, etc)

Purpose of Modernisation of Awards

to remove inconsistencies and overlaps in awards.

Pros of using Awards to determine Wages and Conditions

wage equality, employees represented by skilled negotiators (unions)

Cons of using Awards to determine Wages and Conditions

inflexible system, hard to establish individualized incentives to work

Collective (Enterprise) Agreement

negotiated directly between employer and employees which covers all members of the business.

Collective (Enterprise) Agreement Pros

more flexible system, agreements linked to productivity, stronger relations between employer/employee, industrial disputes contained to a workplace

Collective (Enterprise) Agreement Cons

greater wage inequality, less collective employee strength, disputes can drag on

Individual Contracts

legally binding agreement between employer and individual employee directly.

National Employment Standards

Max weekly hours of regular work

Right to request flexible work arrangements

Parental leave

Annual leave

Personal, carers, compassionate leave

Community service leave

Long-service leave

Public holidays

Notice of termination and redundancy pay

Provision of Fair Work Information Statement (details rights and Entitlements of employees, how to seek assistance)

Industrial Disputes

significant conflict/disagreements can lead to a breakdown in workplace relations and industrial action occurring.

Industrial Action

employees and/or employees taking action (e.g. strike) against other party to force a settlement and end a dispute, or gain improvements in terms of agreement.

Cons of Disputes

time consuming, costly, damaging to morale, motivations, relations

Passive Resistance

employees show lack of cooperation, absenteeism

Work to Rule

employees do no more than bare minimum

Boycott

employees refuse to do something

Stop-Work Meeting

employees meet during work hours to discuss issue

Picket Line

employees physically form line outside of premises to block people entering

Strike

employees withdraw their labour. Production ceases.

Lock Out

employer doesn't allow workers access to building to perform their work.

Protected Industrial Action

any action taken that has been approved by Fair Work Commission (FWC)

Unprotected Industrial Action

actions not approved by Fair Work Commission (FWC)

Internal Dispute Resolutions

negotiation and mediation

External Dispute Resolutions

conciliation and arbitration

Negotiation

the two parties discuss aiming to come to an agreement.

Mediation

third party involved to help others communicate in negotiation process.

Conciliation

mediator is FWC rather than other employer/employee.

Arbitration

FWC acts as judge in court-like setting. Legally binding.

Grievance Procedures

orderly system of steps to resolve a dispute between employee and employer.

The Grievance Procedures

1. Employees talk to management about problem.

2. Management listens and tries to resolve problem. Senior management if no resolution.

3. Independent body involved for mediation.

4. FWC involved for conciliation.

5. Matter arbitrated by FWC.

Severance Pay

a one-time payment some employers provide when terminating an employee

Award

set of legally binding wages and conditions that apply to specific industries