How to manage poor performers learningtemplateslides
3 likes1,281 views
The document discusses performance appraisals and managing poor performers. It notes common complaints about performance appraisals from both appraisers and appraisees, such as bias, lack of differentiation, and lack of follow-up. It questions what performance appraisals are used for and whether the focus should be on results or activities. The document also discusses using intrinsic versus extrinsic motivators and how the latter can diminish problem-solving abilities and encourage short-term thinking. Finally, it provides tips for setting objectives, choosing strong action verbs, providing feedback, and ensuring no surprises during the appraisal process.
How to manage poor performers learningtemplateslides
- 1. WHY & HOW TO MANAGE POOR PERFORMERS ghazali.mdnoor@gmail.com5-Nov-15 Collective Ambition Planning Monitoring Developing Ethics Rating Rewarding
- 2. As an Appraisee Complaints about Performance Appraisals 2 Bias Different Standards Surprise Subjective No linkage* No differentiation Secretive No follow up No control As an Appraiser Cannot remember Tedious Subjective Right targets Scoring Competencies* Defensive staff No $$ to differentiate Prejudices Results or Activities Flexible or Control? MBO or Character? Best Practice or Fit Culture? Backward or Forward? Quarterly Results or Long-term? No $$ to differentiate* Perfect System, Bad performance Recency and Halo effects Untrained Appraisers Mgmt/HR
- 3. Monitor? Reward? Discipline? Development? Motivation? Promotion? What is Performance Appraisal used for? 3
- 4. Extrinsic motivators became the standard.. 4 Extrinsic motivators assume that people are driven to maximize rewards and minimize punishment Manufacturing quotas Sales targets Behavioral ultimatums
- 5. 5 .. and are very effective at aligning effort behind routine tasks Ford announced that he would voluntarily double the average daily wage while reducing the workday $2.34 $5.00 $0 $1 $2 $3 $4 $5 Old New AverageDailyWage@Ford 170 202 0 50 100 150 200 250 Year before Year after Carsperyear(000s)
- 6. Extrinsic motivators are far less effective with non- routine tasks and the reasons for this are numerous.. 6 Diminishproblem solvingability Foster short term thinking Encouragecheating Discourage charitable behaviour Create dependence
- 7. Support for a change? 7 Purpose Adam Grant “Give and Take” Book 3 types of people "Whereas takers strive to get as much as possible from others, and matchers aim to trade evenly, givers are the rare breed of people who contribute to others without expecting anything in return. These styles have a dramatic impact on success. Although some givers get exploited and burn out, the rest achieve extraordinary results across a wide range of industries."
- 8. Subsequent research led to a more complete understanding of intrinsic motivation 8 Components of intrinsic motivation 1. Desire for autonomy 2. Desire to master skills 3. Desire to belong to a something 4. Desire for sense of purpose
- 9. 1. Desire for autonomy 9 Toyota was responsible for leading operations but GM insisted that all employees had to come from previous Fremont talent pool Toyota’s operating philosophy emphasized human development, empowerment, continuous improvement and mutual trust If problems emerged on the floor, Toyota expected workers to act like owners and stop the line to fix the problem
- 10. 2. Desire to master new skills 10
- 11. 3. Desire to belong to something 11
- 12. 4. Desire for sense of purpose 12 There are 3 different drivers of human motivation: 1.The physiological drive for food, water and sex 2.The extrinsic drive to maximize rewards and minimize punishment 3.The intrinsic drive for self actualization
- 13. Think about the best job you ever had? How would you articulate why you loved it?
- 14. 69%of employees would work harder if they were better recognized. The bottom line:The impact of employee engagement on company performance 14 “Employee recognition is the number one factor when motivating employees in the workplace.” No.1
- 17. “…in the past 18 months, we have heard that profit is more important than revenue, quality is more important that profit, people are more important than profit, customers are more important than our people, big customers are more important than small customers, and that growth is the key to our success. No wonder our performance is inconsistent" CEO, Anonymous 17
- 18. Before we start… In the old days of HR… Average training hours per staff 18 %ofstaff attending training# of training programmes % of training programmes conducted Trainingneeds analysis conducted Competency models developed Training budget as%of payroll
- 19. Employee Lifecycle.. 19 Staff Requisition & Hiring Approval Interview Assessment Staff Onboarding KPI Plan/ Achievements Performance Competencies Core Values Dictionary
- 20. Financial “To satisfy our stakeholders, what Financial objectives must we accomplish?” Internal Process “To satisfy our customers, in which internal business processes must we excel?" Customer “Who are our target customers? What is our value proposition?” Learning & Growth “What capabilities and tools do our employees require to help them execute our strategy? ..focus on corporate alignment 20
- 21. 1.0 Key Results Area (Max 6) 2.0 Goals and Targets for Q1 3.0 Achievement s and Efforts for Q1 4.0 Merit* 5.0 Rating (Merit x Weight) 6.0 Appraiser Overall Comments/ Feedback Department BSC 21 Goals Measures Targets CAPEX OPEX Quality Innovation On Time Delivery Financial Perspective
- 22. Elements that comprise our organisation’s COLLECTIVE AMBITION: 22 VISION BRAND PROMISE CORE VALUES PROJECT MANAGEMENT DISCIPLINE PURPOSE :To create a WORLD CLASS user experience for CUSTOMERS through inspired EMPLOYEES PLANNING, ORGANISING, SECURING AND MANAGING RESOURCES •within the time, cost, scope and exceeding quality •building leadership through LEARNING, DEVELOPING SELF & OTHERS •deliver the best product using the BEST PRODUCTS & SERVICES USING LATEST SOPS LEADER BEHAVIOURS : How leaders will act, day-by-day TO IMPLEMENT vision and strategy as they strive to fulfill their brand promise and live up to their values. We envision to be and outstanding PROFITABLE group by CREATING GROUND BREAKING standards in all our deliverables with PASSION AND FULFILLING COMMITMENT TO BE THE GOLD STANDARD OF CUSTOMER SERVICE… through • Dedication to the highest STANDARDS • Culture of employees INSPIRED to deliver extraordinary value in products and service to the customer TARGETS & MILESTONES :The MEASURABLE KPIS used to assess the extent to which the organisation has progressed toward its vision.
- 23. Performance Management Plan 23 5 Key Components – a constant cycle Planning Monitoring DevelopingRating Rewarding Set measures, establish & communicate standards Measure performance, offer regular feedback, performance reviews Address poor and improve good performance Summarize employee performance, assign rating Recognize and reward good performance
- 25. Performance Competencies 25 Tries to measure your actions and conduct: HOW you do your work Core Values: PASSION FOR RESULTS ACT WITH INTEGRITY SERVING THE COMMUNITY TEAMWORK AND RESPECT FULFILLING THE SPIRIT TO SERVE ALWAYS INNOVATING BEST IN QUALITY
- 27. 27
- 28. MBO target setting - objectives and measures Specific (definite objective and purpose to be achieved) Measurable (by definite observation and a certain time one should be able to tell whether or not it is attained) Achievable (Must be within reach of the employees, e.g. to meet stated deadlines, neither too high nor too low) Rewarding (Rewarding means it must be satisfying to you, no one else) Time phased (per quarter, per year. By end of fiscal year, by 15th of November) 28
- 29. Significant Is it worth doing, or is it just busy work? Measurable Is there a way to tell when it’s done and how well? Achievable Is it something the employee can really do? Relevant Does it support the group’s (and therefore the Lab’s) goals? Timely Can it be completed within the reporting period? Weak verbs Who is actually accountable? Lots of room for disagreement No standard or time frame Not-so-SMART expectations.. 29 Assist in keeping ABC magnet array functioning. Line Employee Take the lead in troubleshooting magnet problems. Team Leader/Supervisor
- 30. Measurable verbs Appropriate to level of rate Room to excel Reasonable time frame Assist in keeping ABC magnet array functioning. Line Employee Take the lead in troubleshooting magnet problems. Team Leader/SupervisorEnsure causes of system failures in the ABC magnet array are identified and eliminated within 24 hours of notification by Accelerator Operations. Team Leader/Supervisor Identify and eliminate causes of system failures in the ABC magnet array within 24 hours of notification by supervisor or Crew Chief. Line Employee ..make it SMART 30 Significant Is it worth doing, or is it just busy work? Measurable Is there a way to tell when it’s done and how well? Achievable Is it something the employee can really do? Relevant Does it support the group’s (and therefore the Lab’s) goals? Timely Can it be completed within the reporting period?
- 31. Pre-appraisal 31 The employee starts the appraisal year at on target performance level! In order to excel, the employee needs to know the game rules.
- 32. 32 Both the appraisal process and progressive discipline are in place in order that at the time of the final appraisal there should be no surprises to the employee. During the appraisal period the employee is to be made aware by the rating supervisor of weaknesses in their performance or undesired behaviour. No Surprises!
- 33. Choose your words wisely 33 ACTION VERBS OBJECT WEAK WORDS EVALUATION Produce …plan, system Assist Outstanding Create …method, procedure Support Superior Improve …process, performance Lead Excellent Complete …project Oversee Peerless Repair …equipment, system Monitor Weak Learn …task, procedure Coordinate Poor Collect …data, input, consensus Help Unique Document …procedure Manage Inspect …equipment, system Multiple Solve …problem Various Develop …training, solution Quality Implement …program, process Expert Eliminate …backlog, problem Often
- 34. Communicating 34 Be honest and caring – Find something positive to say if you can – Call a spade a spade; sweeping mediocre performance under the rug is a minefield – Use specific examples, both good and bad • Much easier if expectation was SMART – Focus on performance, not personality You’re a great guy Everyone likes you You’re lazy You’re not the sharpest knife in the drawer I don’t like your attitude You don’t seem to care about anyone else You’ve been late 8 times in the past month I have had to correct your work too many times The magnet engineer says he can’t do without you Why do you keep asking for more project funds? You beat that deadline by 2 weeks I’m impressed with your accuracy
- 35. 35 A 2-way conversation between employee and supervisor. A clarification and explanation –Examples of going “above and beyond” Employee’s signature denotes discussion, not necessarily agreement Coaching To Improve Poor Performance
- 37. 37
- 38. HRD professional’s role in coaching 38 Encouragement of employee Higher motivation Development of KSAs Increase in org. efficiency
- 40. 1. Identify performance issue 2. Assess time/effort 3. Are they aware of the issue? 6. Do they know how to do their job? 5. Are there outlying factors? 4. Do they know what is expected of them? 7. Do negative consequences follow good performance? 8. Do positive consequences follow nonperformance? 9. Could they do it if they wanted to? Conducting the coaching ANALYSIS 40
- 41. Fournies process 41 •Define consequences for supervisor, coworkers, and the employee themselves •Discussion should not continue beyond this point until problem is acknowledged 1. Employee acknowledges problem •Employees more committed to alternatives they came up with •Supervisor should help employee come up with these/clarify them 2. Discuss alternative solutions to problem •Supervisor helps employee understand what should be done/what will happen •Agree on time to follow up 3. Agree on actions to be taken to solve problem •Determine if employee has been progressing toward goal •Important to let employee know that supervisor cares 4. Follow up to measure results •Motivates employee to continue on their path toward improvement5. Recognize achievements when they occur
- 42. Coaching DISCUSSION 42 Used to maximize employee performance; used in performance appraisals/when issues arise 2 different approaches: 1. Kinlaw Process- emotional aspect; how to deal with employee emotions and resistance 2. Fournies Process- rational aspect; employee that is presented with evidence of a problem will accept its reality If unsuccessful, supervisor can: Transfer employee Terminate employee Confronting or presenting • Limit negative emotion • Identify performance needing improvement • Establish goal to help employee change Reactions to develop info • Employee disclosing concerns • Use concerns to agree on problem/causes Resolution • Employee takes ownership • Express commitment to establishing open relationship
- 43. 43 while formally documented, is NOT a step in the discipline process and does not deduct points from the final appraisal. Counselling
- 44. WHY & HOW TO MANAGE POOR PERFORMERS ghazali.mdnoor@gmail.com5-Nov-15 Collective Ambition Planning Monitoring Developing Ethics Rating Rewarding
- 45. 45
- 46. 1. Be honest with yourself…not how you would like to be.…but how you are 2. Focus on how you are in the work environment…..NOT home 3. You have to pick ONE of the four in each set 46 a. ____Competitive b. ____Joyful c. ____Considerate d. ____Harmonious a. ____Tries new ideas b. ____Optimistic c. ____Wants to please d. ____Respectful a. ____Will power b. ____Open-minded c. ____Cheerful d. ____Obliging a. ____Daring b. ____Expressive c. ____Satisfied d. ____Diplomatic a. ____Powerful b. ____Good Mixer c. ____Easy on others d. ____Organized a. ____Restless b. ____Popular c. ____Neighborly d. ____Abides by rules a. ____Unconquerable b. ____Playful c. ____Obedient d. ____Fussy a. ____Self-reliant b. ____Fun-loving c. ____Patient d. ____Soft-spoken a. ____Bold b. ____Charming c. ____Loyal d. ____Easily led a. ____Outspoken b. ____Companionable c. ____Restrained d. ____Accurate a. ____Brave b. ____Inspiring c. ____Submissive d. ____Timid a. ____Nervy b. ____Jovial c. ____Even-tempered d. ____Precise Your Personal Profile
- 47. a. ____Stubborn b. ____Attractive c. ____Sweet d. ____Avoid a. ____Decisive b. ____Talkative c. ____Controlled d. ____Conventional a. ____Positive b. ____Trusting c. ____Contented d. ____Peaceful a. ____Takes risks b. ____Warm c. ____Willing to help d. ____Not extreme a. ____Argumentative b. ____Light-hearted c. ____Nonchalant d. ____Adaptable a. ____Original b. ____Persuasive c. ____Gentle d. ____Humble a. ____Determined b. ____Convincing c. ____Good-natured d. ____Cautious a. ____Persistent b. ____Lively c. ____Generous d. ____Well-disciplined a. ____Forceful b. ____Admirable c. ____Kind d. ____Non-resisting a. ____Assertive b. ____Confident c. ____Sympathetic d. ____Tolerant a. ____Aggressive b. ____Life-of-the-party c. ____Easily fooled d. ____Uncertain a. ____Eager b. ____High-spirited c. ____Willing d. ____Agreeable 1. Be honest with yourself…not how you would like to be.…but how you are 2. Focus on how you are in the work environment…..NOT home 3. You have to pick ONE of the four in each set 47
- 48. Scoring your Personal Profile 48 a = b = c = d = 1. Count the number of “a”s that you marked. Write that number in the Tally Box marked “a”. Do the same with letters b,c,d. 2. On the a scale, draw a line through the number on the bar graph that corresponds with your total number of “a”s. That forms the end line of your bar graph. 3. Shade in the space in the “a” bar graph, up to your end line 4. Do the same for b,c,d. The total of a,b,c,d, should =24. 5. The longest bar is your predominant style. Tally Box 0 1 2 3 4 5 6 7 8 9 10 11 12 14 16 18 0 1 2 3 4 5 6 7 8 9 10 11 12 14 16 0 1 2 3 4 5 6 7 8 9 10 12 14 16 0 1 2 3 4 5 6 7 8 9 10 12 14
- 49. Assertiveness + Responsiveness = Work Style Less responsive: Controls Emotions More responsive: Emotes Driver (a) Expressive (b) Analytical (d) Amiable (c) 49 Low Assertive: Asks High Assertive: Tells Behavioral clues: Pace of speech Quantity of speech Volume of speech Hand motions Body posture Eye contact Behavioral clues: Emotion in voice Topics of conversation Descriptive Hand motions Body posture Facial expression
- 50. 50 The Driver: Action Oriented Perceived positively as: Decisive Independent Practical Determined Efficient Assertive Risk taker Problem solver Direct The Expressive: Intuition Oriented Perceived positively as: Verbal Inspiring Ambitious Enthusiastic Energetic Confident Friendly Influential Perceived negatively as: A talker Overly dramatic Impulsive Undisciplined Excitable Egotistical Flaky Manipulating Perceived negatively as: Pushy One man/woman show Tough Demanding An agitator Cuts corners Insensitive
- 51. 51 The Amiable: Relationship Oriented Perceived positively as: Patient Respectful Willing Agreeable Dependable Concerned Relaxed Organized Empathetic The Analytical: Thinking Oriented Perceived positively as: Industrious Persistent Serious Orderly Organized Cautious Perceived negatively as: Critical Picky Moralistic Stuffy Stubborn Indecisive Perceived negatively as: Hesitant Wishy Washy Pliant Conforming Dependent Unsure Laid back
- 52. (Primary Effort) Works quickly and alone (Secondary Effort) Impresses others with individual effort Behavior directed toward achievement in an interpersonal setting Behavior directed toward acceptance in an interpersonal setting (Primary Effort) Works carefully and alone (Secondary Effort) Impresses others with precision and knowledge (Secondary Effort) Works quickly and with others (Primary Effort) Impresses others as exciting member of the group (Secondary Effort) Works slowly and with team (Primary Effort) Gets along as integral member of the group Priorities – achieve first or be accepted first 52 Driver Analytical Expressive Amiable
- 53. Back-up ModeLow responsiveness High responsiveness High Assertiv e Low Assertive Driver Expressive Analytical Amiable Back-up behavior: Autocratic Back-up behavior: Attack Back-up behavior: Acquiesce Back-up behavior: Avoid 53
- 54. How to Work Better with Other Styles….. the key is versatility! 54 When working with analytical: Tell HOW first Provide data (graphs, stats etc) List pros and cons Be accurate, logical Give them time Provide deadlines Don’t rush or surprise When working with Driver: Tell WHAT first Keep faced paced (efficient) Don’t waste time (get to the point!) Be businesslike Give them choices (allows them to control Talk results When working with Amiable: Tell WHY first Use friendly tone of voice, lots of eye contact Ask vs. tell them Draw out their opinions Explore personal life Define expectations Strive for harmony Avoid deciding everything for them When working with Expressive: Tell WHO first Keep it fast paced, direct eye contact Be enthusiastic, allow for fun Support creativity, intuition Talk about the big picture, (not the details) Handle the details for them Value feelings and opinions Be flexible
- 55. “Growth Actions” to improve your versatility 55 If you are an Analytical: Declare, take a stand, make a decision Show emotional support for the feelings of others Show some excitement and involvement in a relationship Talk personally with people about their ideas, not dwell strictly on technical and abstract subjects If you are a Driver: LISTEN Build cooperation into work relationships, talk about other people’s ideas Avoid the temptation to answer every question immediately Learn to make social small-talk! If you are an Amiable: Initiate action, provide some direction and stick to goals and objectives Limit the extent to which you pull others into your personal matters Keep communication more in line with business manners If you are an Expressive: Check, slow down enough to consider the facts and feelings of others Center conversation less on self Tone down emotional reactions by presenting factual information and assist in defining goals Talk more slowly and less during stressful situations
- 56. Question 56 Coaching is a process that encourages employees to take responsibility for their own actions, to achieve and sustain superior performance, and __________________________. a)To succeed at whatever the cost b)To treat employees as partners in working toward organisational goals and effectiveness c)To motivate employees by using incentives (i.e., bonuses, more Paid Time Off)
- 58. 58 4 = Consistently Exceeds Standards Consistently and clearly exceeded requirements for the position over the 12 months of the year 3 = Exceeds Standards Frequently exceeded expected results with little or no supervision on routine tasks 2 = Meets Standards Performed in a fully competent manner and met goals. 1 = Partially Meets Standards Results were not routinely met and supervision was often required 0 = Does Not Meet Standards Performance required close supervision on tasks where the employee should be operating independently
- 59. HRM – Customer – Profit Chain 59
- 60. Expectations and consequences1. Expectations for conduct and behaviour should be stated within the Employee Handbook and restated regularly, verbally and in writing 2. Employees should understand the consequences of misconduct and undesirable behaviour List specific consequences within the same document that states behaviour and conduct expectations. Statements of consequences should include steps that will be taken within the workplace discipline policy. 60
- 64. 64 Employee Indiscipline Leads To… Employee misbehaviour Inefficiency Increased costs Unhealthy and unsafe work environment What leads to employee indiscipline? Poor employee selection and orientation procedures. Poorly defined employee expectations Poorly understood employee expectations Improperly selected and trained supervisors Incorrect philosophy of discipline
- 65. 65 Unsatisfactory work habits Policy violations Poor performance When is discipline appropriate?
- 66. Basic elements of progressive discipline 66 1. Educating employees 2. Educating managers 3. Investigations 4. Following the steps Verbal warning Written warning Suspension Termination 5. Documentation
- 67. 67 In deciding the nature of disciplinary action to be meted out, consideration to be taken into account:- 1. The severity of the misconduct committed. 2. The extent to which the employee is responsible. 3. The circumstances under which the misconduct was committed. 4. The past record of the delinquent employee, including his length of service. 5. Bad past record would be aggravating and good past record would be mitigating. Disciplinary Action The investigation should produce substantial evidence of misconduct. Rules, orders or penalties should be applied evenhandedly. The penalty should be related to the misconduct and employee’s past work history. Maintain the employee’s right to counsel. Don’t rob an employee of his/her dignity. Disciplinary guidelines
- 68. 68 Employee perspective Certain offences are contrary to acceptable conduct that discipline is readily accepted or justified upon review regardless of whether there was any prior communication or warning to the employee. Theft Intentional destruction of company property Total refusal to perform safe work Gross or intentional endangerment of the safety of coworkers. Excessive absenteeism is another factor that can lead to termination only after a series of lesser penalties
- 69. Discipline process 69 1. Clear rules and regulations 2. A system of progressive discipline 3. An appeals process
- 70. Proving the misconduct 70 Fact-finding To find out if an offence has been committed & whether or not accused has a case to answer Statements from witnesses Relevant documents Investigating Misconduct “The court agrees with the union that there is no denying the right of the employer to punish, but there is also the right of the employee not to be punished if there has been no offence. Before the hotel can show that the punishment does fit the crime, it must first prove the crime”.___________________________________________
- 71. Preparation of show-cause letter 71 1. Must contain the allegation or allegations of the misconduct. Allegation or allegations must be simple, clear, accurate and precise so that the accused can know and understand them. 2. Must state that the accused has to show-cause as to why disciplinary action should not be taken. 3. A reasonable time-frame for the accused to show-cause. 4. If accused does not show-cause within the stipulated time-frame or the excuse given is not accepted, appropriate disciplinary action will be taken. ____________________________________ ______________________________________________________ _________________ ___________________________________ ________________________________________________
- 72. Challenge Remedy Ensuring managers are addressing same issues consistently Training Documented controlled discretion Ensure policy specifically applies to commonly encountered situations Ensuring managers are following steps outlined in the policy Training Make changes when required Potential challenges 72
- 73. Documentation requirements 73 Challenge Remedy Managers unclear on documentation requirements Training Inconsistent documentation across managers Training Cumbersome documentation requirements Redesign the process to maximize efficiency Provide managers with allotted time to complete the required documentation
- 74. Finally…to conclude... 74 Clear policies Clearly communicated expectations Opportunities to practice desirable behaviours Opportunities to participate Communication skills
- 76. 76 _____
- 77. Targeting, identify and attract 77 Group I (Talent Pool) 2345 PERFORMANCE 2 3 4 5 POTENTIALIdentify Group II ( Potential) Group III ( Performance) Group IV (Counseling)
- 78. What drives Reward? 78 The driving force behind compensation and benefits strategies Compensation & Benefits ValuesStrategy
- 80. Compa Ratio.. 80 Pays for Performance, and Pays for Job rates Def: Mid-Point = Mid Point of Pay Grade Grade E2 Min RM2,000 MID RM2,500 Max RM3,000
- 81. .. Table 81 < 0.7 ≥0.7 - ≤0.9 >0.9 - <1.1 ≥1.1 - ≤1.3 > 1.3 5 4 3 5% 2 1 < 0.7 ≥0.7 - ≤0.9 >0.9 - <1.1 ≥1.1 - ≤1.3 > 1.3 5 9 4 7 3 9 7 5% 4 3 2 2 1 0 < 0.7 ≥0.7 - ≤0.9 >0.9 - <1.1 ≥1.1 - ≤1.3 > 1.3 5 4 3 2 1
- 82. Philosophy and approach 82 Average Rating Rating Multiply Factor Example Rating Example Increment > 4.1 5 2 4.2 8.4% > 3.3 – 4.1 4 1.2 3.5 4.2% > 2.3 – 3.3 3 0.75 2.8 2.1% > 1.3 – 2.3 2 0.5 1.8 0.9% ≤ 1.3 1 0 1.0 0%
- 83. Curse of the Bell Curve 83 ‘A’ Staff ‘B’ Staff ‘D’ Staff ‘E’ Staff‘C’ Staff
- 84. 84 Increments granted to poor performers will also negate an employers contention the employee was a poor performer. Proactive measures in managing employment termination. Creating & sustaining a harmonious employment relationship. Increments For Poor Performers Discussion
- 85. Frustration Of Contract 85 FRUSTRATE in the Oxford Dictionary has been explained to "prevent from progressing, succeeding or being fulfilled“ while frustration means "being frustrated". Frustration of contract can be defined as a prevention from continuation of a contract when the employee who is employed under the contract becomes unable to perform the work for which he was employed due to reasons beyond control by both parties (employer and employee).________________________________________________ The employee concerned becomes incapable to perform duty due to an accident or prolonged illness; The employee concerned was under police detention or custody for infinite period of time; and The professional license for the employee concerned to practice a particular profession was revoked.
- 86. Industrial Relations Act 1967, Section 13(3) 86 1. Employment; 2. Assignment of work; 3. Promotion; 4. Transfer; 5. Termination; & 6. Dismissal ______________ ______________
- 87. In Stamford Executive Centre v. Puan Dharsini Ganesan (Award 263 of 1985) the Industrial Court observed: “In a dismissal case the employer must produce convincing evidence that the workman committed the offence or offence of the workman is alleged to have been committed for which he has been dismissed.……. He must prove the workman guilty and it is not the workman who must prove himself not guilty. This is so basic a principle of industrial jurisprudence that no employer is expected to come to this Court in ignorance of it...” 87 Industrial Court Statistics (awards Of Termination Cases) TYPES OF TERMINATION 2005 2006 2007 2008 2009 2010 2011 2012 Constructive 22 42 97 126 140 135 91 96 Misconduct 2144 2051 1200 878 613 608 639 540 Retrenchment 16 32 422 155 114 67 90 62 Others 0 0 402 573 328 479 640 735 TOTAL 2182 2125 2121 1732 1195 1289 1460 1433 Termination: Burden Of Proof
- 88. 88 Industrial Relations Act 1967 Trade Unions Act 1959 Employment Act 1955 Sarawak Labour Ordinance Sabah Labour Ordinance Occupational Health and Safety Act 1994 Employment Termination results from poor selection & ineffective people management Termination initiated by employees, often due to resignation & retirement. Voluntary Termination Termination initiated by employers, often due to misconduct, absenteeism, poor performance & other types of termination. Involuntary Termination
- 89. Domestic Inquiry 89 “a formal hearing held by an employer before an employee is dismissed or before any other major penalty is imposed” Industrial Relations Act 1967 Section13(3) states that the employers have the right to dismiss employees who commit misconduct. However, the right to dismiss is limited by two requirements: 1. Procedural Requirements – the employee must be treated fairly and justly. 2. Substantive requirements – the employee should not be punished without sufficient proof of his guilt.
- 90. 90 Rules Of Natural Justice ‘Hear from the other side’-audi alteram partem: This means no man shall be condemned unheard, the accused must be given sufficient opportunity not only to know the case against him but also to answer it. He must have the opportunity to actually see, hear & question all witnesses one by one from whom statements were taken. -nemo judex in causuasua: This means the person who sits in judgments must be an independent person who is neither the accuser nor the accused or any person who has any interest in or is likely involved in any of the parties or any bias in any respect. This is to ensure that the person who sits in judgments is able to act impartially & without bias. No man shall judge for his own cause
- 91. 91 Termination For Absenteeism Based on the EA1955, Section15(2), an employer can terminate an employee if: 1.He has been absent without permission for three or more days; and if, 2.He has no reasonable excuse; or 3.He has an excuse but has not informed or attempted to inform his employer of that excuse. However, the rules of natural justice must not be ignored. Terminating A Fixed Term Contract A fixed-term contract clearly states that the employee is to be recruited for a particular period of time._______________ _________________________
- 92. 92 Retrenchment Misconduct (minor & major) can be broadly dealt under the 3 heading as follows: 1. Misconduct relating to discipline 2. Misconduct relating to duty 3. Misconduct dealing with morality Misconduct in employment Retrenchment is a termination of the contract of employment due to redundancy or reorganisation. However, when the employer terminates the employment contract of an employee on some pretext other than the real reason like lawful trade union activity, it is called victimization. The employer should comply with the principle of LIFO unless there are sound and valid reasons for departure.
- 93. Remember, the burden of proof lies on the employer. The grounds that will enable a termination of probation are: Unsatisfactory work performance Misconduct Reorganisation of company Retrenchment / redundancy 93 Termination Of A Probationer Terminating Poor Performers Performance goals must be clear. Competency development. Warning on unsatisfactory work or incompetence. Opportunity to improve performance such as training. Finally, termination should be on proper grounds.
- 94. Unfair & Constructive Dismissal 94 Unfair Dismissal -the employer must prove a fair reason for dismissal. Constructive Dismissal -the employee must prove that the dismissal was constructive.
- 95. 3 things you have learnt today 2 things you are not sure about 1 way you can link what you have done today to your work place Wrap Up 95 Write Down
- 96. Learn Unlearn Relearn Evaluation 96 Please rate the following aspects of the course excellent good not good poor 1. Organisation & domestics 2. Content 3. Notes 4. Presentation 5. Overall enjoyment Other topics of interest Course Date Name