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RemedialActionPolicyandProcedure.pdf

Remedial Action Policy and Procedure

Scope: This policy applies to all employees who are employed by Bounce Fitness.

Policy Statement:

This policy will to ensure employees work according to their work agreement and their Modern

Award including violations of the individuals and groups with regards to the agreements.

Bounce Fitness will follow the Fair Work Best Practice Guidelines for Managing Underperformance

Procedures:

Our remedial action policy is intended to correct something that is wrong or to improve a bad

situation by undertaking urgent or immediate remedial action. This process is relevant for several

areas of the business including industrial relations.

Industrial Actions

Bounce Fitness requires staff to be employed under Modern Award or Enterprise Agreement that

follows the National Employment Standards including:

• rates of pay

• employment conditions e.g. hours of work, meal breaks, overtime

• how and when employees and their representatives will be consulted

• dispute resolution procedures (Conflict Resolution Policy and Procedures)

• deductions from wages for any purpose authorised by an employee

In the event that thee is a breach of any of these conditions then remedial action will be undertaken,

that ensures that all parties meet conditions in the award or agreement.

Wage issue

A wage issue may include rates of pay, allowances, deduction from wages, and overtime payment.

Step 1 – Research

1. Inform employee of the process that will be undertaken below

2. HR are to review, gather and match data on employee’s working conditions and/or wages

including allowances to the award or enterprise agreement.

3. Consult Finance department of the validated information

4. Finance are to ascertain if employee is being paid correctly

5. Timeframe for this research is two (2) days.

6. Write a letter to the employee with accurate information

Step 2 - Outcome

1. If there is a discrepancy, then Bounce Fitness must pay the correct amount including any

requisite back pay.

2. Payment should be made in the next pay run.

Union Involvement

If the union is representing the employee, then permission must be sought from the employee to

speak to the union representative on their behalf.

1. Record issue in staff file

2. Follow Step 1 to research any pay issue prior to any discussions

3. Contact with results of research

4. If this meets union and employee view of the issue, then send letter and pay employee.

5. If this does not meet union and employee view of the issue then:

a. Arrange a meeting with both union and employee

b. Ascertain the details of their requirement

c. Give Bounce Fitness feedback e.g. if the employee states that they not been paid

as per the contracted hours and are being underpaid as Bounce Fitness have only

been paying hours of work.

d. Negotiate with all parties

e. Give staff member a Warning Letter if in breach of their working conditions.

f. Follow up within one (1) month to ensure employee is honouring working

conditions

Employee Conditions Issue

Employees who are not performing to the conditions set out in Bounce Fitness policies and

procedures and in their job description then remedial action will be undertaken. Below is the

process for managing performance that is linked to their award or agreement.

1. Performance Reviews are undertaken by relevant Manager to ensure that staff perform

their work as per their work agreement and job description

2. Poor Performance must be reviewed to ascertain cause or issue. These may include

o Consistently arriving late for work

o Leaving early

o Taking long lunch breaks

o Not working hours in the agreement

o Lack of knowledge of business goals

o Mismatch between employee and job role

o Interpersonal differences

o Lack of feedback on performance

o Cultural misunderstanding

o Workplace bullying

3. Refusal to complete tasks due to dissatisfaction with industrial agreements may be part

of the poor performance

4. Define the issue or cause of concern

5. Arrange interview with individuals or groups to discuss poor performance or failure to

abide by agreements

6. Inform employee of their role, code of conduct and any relevant details

7. Provide additional support if required

8. Issue an initial Warning Letter listing specific performance improvements with a review

date

9. Review performance after one month to ascertain whether performance has improved

10. Issue a second Warning Letter listing specific performance improvements by a specific

date. This letter will inform the employee that their employment may be terminated

if the required performance level has not been received.

Responsibilities

Site Managers are responsible for the initial review.

General Manager Human Services is to review poor performance and work with the Manager to

deal with each situation. If the problem is linked to industrial action or needs a development of a

policy then refer to CEO

General Manager, Finance is to arrange for a review of payment of wages and allowance and give

report back to General Manager, Human Resources.

Reporting

Manager is to report any issues to the General Manager Human Services and to complete the

relevant reports

Approvals and Review

Name

Job Role/Position

Next Review Date