Human Resource Management of Medwell Chemcare - Coursework Example

? Human Resource Management Executive Summary The following report focuses on the various issues surrounding the Human resource management following a case study from the Medwell chemcare. Following the high rate of technological advancement and globalization, companies have been reorganizing, rightsizing and downsizing in order to become more competitive and more successful (Plessis and Beaver, 2008). This has led to the emergence of Human resource gaining favor as the key to helping companies deal with the fast changing competitive environment and growing demands for better customer service and deliver value to their best level. This change has also seen the human resource department adopting better work policies and specialized supervision of employee performance and conduct. For instance, Medwell Chemcare has adopted the policy on substance misuse which helps the company prevent the misuse of drugs by the employees and helps boost the company reputation. However, in order to protect themselves from discrimination by the HR department employees need to understand the legal issues which can help them to attain fair judgment in the event of claimed misconduct. Any personnel who have been subject to dismissal have the right to seek justice using the relevant legal issues. Legal issues based on the dismissal of personnel help them avoid any recurring points of confusion. The legal right to dismiss an employee from work is a separate issue from the suspension and that the right procedures and legalities need to be followed. Moreover, Companies need to consider various legal/ethical issues in order to ensure that the HR department does not discriminate on the employees. These legal/ethical issues adopted by companies are well defined on the responsibility of all workers from the supervisors to the supervised. The HR department needs also to be aware of such ethical issues in order to remain fair to the employees. The ethical issues allow the company to provide the employees a conducive work environment and when upheld their company can achieve high returns. Nevertheless, it is important for the human resource management to maintain a good relationship with the trade union that their employees are registered with. The significance of this relationship is to cater for the welfare of employees and avoid misunderstanding between employees and the Human resource department. Such misunderstandings are avoided because they are a major threat to the operation and productivity of the company. Therefore, it is necessary for the HR department official to hold regular dialogues with the trade union representative to keep them updated on the grievances of their employees. Introduction Companies are facing a lot of changes today following the growth in information technology and globalization this has led the many changes occurring in the roles of the different company departments. As a result, the HR department has not been an exception it has been the most affected by a wave of change. This is because this department is more influential in every company operation given its two major roles of hiring and firing employees. Nevertheless the welfare of workers is very essential in every organization hence this report discusses the legal issues which protect their welfare. This report focuses on the Human resource management in relation to the current changing roles of the department and other issues surrounding this department. These include various legal issues governing the dismissal of employees as well as the ethical/legal issues that the company can consider under such circumstance. The report also takes into consideration the relationship between the HR department and the trade unions with which their employees are registered with. Therefore, this report will provide an understanding of the roles of the HR department and give the reason behind any changes facing the department. The report will also help in understanding legal issue which can be used by the employees to protect themselves from discrimination by the Human resources given the changes in the roles of the HR department. The various legal/ethical issues which a company is supposed to consider when dealing with the misconduct of employees are explained in this report. Any change in the HR department consequently affects the employees thus it is important that the company considers the various legal and ethical issues governing the employees before adopting a change. Finally the relevance of the relationship between the HR department and the trade unions has also been discussed. This involves ideas on how to improve the welfare of workers and maintain a conducive environment for the company’s good. Therefore, the report is aimed at meeting the following objectives: To explain the many issues facing the HR department given the wave of change facing all companies globally. To provide the reasons behind the changing role of the human resource department which has been taking place for the last one decade? To offer a good understanding of how these reasons are causing the change in roles of the HR department. To provide the various legal issues which a dismissed employee is required to follow in order to ensure that the right procedure has been followed for their dismissal To explain how the dismissed personnel can apply such legal issues in the case of dismissal To provide the legal/ethical issues which the company may consider I the event of dismissing a personnel independent of the HR department. To provide an understanding of such issues to both the company and the employees To explain how the HR department officials should relate with the relevant trade unions representing their employees Ito provides an understanding of the various issues that should be discussed by the HR department and the trade union representatives. To give further recommendation on the various issues discussed. The Reasons behind the Changing Role of the Human Resource Department The role of the Human resource department is gradually changing in many countries. The role appears to be evolving from that of administrative payroll, retirement programs, master personnel paperwork, health benefits and regulatory compliance to that of strategic consultant with hub on Human Capital Resource Management and knowledge management. The changes occurring in the HR department may be different with different companies. For instance to some companies it might occur in recruiting, training and maintaining the best talent and optimizing assignment matches. The change in role may also involve assisting to introduce and retain the processes, organization and cultures most appropriate for teamwork and knowledge sharing across useful areas to exploit the talent potential. However, Medwell Chemcare seems to embrace all the of the above changes in their HR department. There are various factors attributed to these changes and they include the following: Information technology innovations: the growing rate of automotive and web innovations over the last ten years has led to most HR activities being executed by different software packages (Pynes, 2009). There have emerged self service systems which allow employees to attend to their own needs in areas such as retirement plans, health benefits and change of life events. The increasing cost of doing business: the evolving economic climate has recently seen the elimination of high-cost and high maintenance HR activities which can be performed elsewhere cost effectively. This has allowed the HR department to deal with core business needs. Growth of outsourcing: the comparatively new HR outsourcing merchant community is offering the vehicle and the chance for companies to decrease HR department unnecessary costs. It will also enable the HR department to take advantage of the latest technologies to enhance services. As a result, the HR departments will be free to address the new roles necessary to evolution and renewal. Globalization and company reinvention: to remain competitive in the global economy, companies must advance. They should periodically rediscover themselves in accordance with the changing markets and associated goods and services. They must focus on the future preparing and producing what is important to attain their goals. The shrinking talent pool: with the increased economic growth more companies have been established and each is looking for the right talent. Therefore the talent pool is becoming smaller compared to the companies searching for those talents. Therefore, given the above factors the HR department will continue to evolve in order to keep up with the current status. Legal Issues Which Might Be Used By the Dismissed Personnel There are various legal issues which can be used by dismissed personnel like in the case of James and Kathy if they feel that their dismissal is unfair. These may include complaining about not being given an untimely notice period: This applies when an employee is dismissed from work following a notice which never came at the required time according to employment policies then the dismissed personnel has a legal right to claim compensation. The law requires that a certain provision in the employment agreement must be followed and all necessary claims to prove the employee's guilt should be put into consideration before dismissal. The employees should claim their right of being given an opportunity to explain their story and be understood according to the policies of the employment. For instance, in the case of Kathy she should have been understood for having been to a country where smoking was legal. At the same time the employer should have been in a position to understand the personnel before dismissing them. The employees should claim for their right to a genuine opportunity and clear standards for correcting their behavior since they all had a reason of having been in that state according to (Heathfield, n.d). Any reason behind the employee not been given these should be clearly outlined in the employment agreement. The employee can also raise personal complaints on other grounds such as prejudice or harassment or baseless action by the employer that brings a disadvantage to the employee. However, the employee should not under any circumstance take personal grievances on the basis of unjustified dismissal. The employee can also claim fair adherence to the employment terms and object any claim that is not in line with the what is contained under the terms of employment. In addition the a considerable period of time should be given to the employee for their claims to be considered. After the employer founds the employee guilty, he/s he should give the employee a fair process of dismissal. This implies that the employee should be given a logical amount of notice unless the employee’s misconduct is grave fro the company’s operation. An employee deserves the right to be explained in any detail behind his dismissal and be assured that all information relevant was utilized to find him/her quilt of the particular misconduct. Finally, the employee has the right to have at a disciplinary meeting following his/her dismissal. In addition a trade union under which the employee is registered should also be consulted in such a meeting. Legal/Ethical Issues That the Company Might Consider In Dismissal of Personnel Ethical issues are important in every company as they determine how a company and employees conduct themselves. The company must consider several ethical/ legal issues regarding the dismissal of a personnel. For instance the company should ensure that the dismissal is fair and that all the necessary details gathered prove the reason behind dismissing the employee. The company should also ensure that the employee is represented by the in all the meetings discussing his misconduct prior to dismissing. The company should also make sure that the employee has been given a notice of dismissal at the right time and that all the necessary procedures have been carried out. It should consider consulting a trade union with which the employee is registered with for ensuring that the rights of the employee have been adhered to and thus a fair judgment has been guaranteed. There is also the need of the company to consider the employee's explanation behind his/her misconduct before any claim of dismissal as being placed on them. Before dismissing employees, companies might also reflect on the employee process of disciplinary action that consist of four steps which are counselling, written reprimands, final reprimands and then dismissal (Pozgar, 2008). During counselling the employee's supervisor brings to the attention of workers the misconduct and suggest ways of correction. If it does not work, the supervisor gives a written reprimand which implies the seriousness of the matter and it sets a time limit within which the employees should rectify their problem. If this fails the a formal written warning is issued to the worker and if this does not lead to desired results the manager can dismiss the employee from employment. In other cases depending on the company policies, the company can provide severance payment, career and placement counselling to the employee or other forms of post termination benefits. A company has the right to consider correcting the misconduct following a moral responsibility to the employee. Adopting a peer review program is another method which might be considered by a company to determine the fate if the employee who has had misconduct. This raises some sense of fairness and justice before an employee is dismissed. Companies might also consider the employees' performance and any previous misconduct before considering their dismissal. This is because some mistakes might occur accidentally and this might lead to dismissing a good employee. It is important for companies to consider various state and federal laws that govern dismissal of employees besides the company policies. This keeps the company save from breaking the law. The Advice That Would Be Given To Ms Davison for Her Meeting with the Trade Union Representation Trade unions and the HR department have a largely positive and professional working relationship. When, the company’s workers are unionized the human resource department has the right to work intimately with the organization through contract negotiation and daily activities. On meeting with the trade union chairman, the HR is expected to discuss the welfare of the workers and give the relevant details regarding the dismissal of the two employees. Such a meeting will enable her to understand more about the workers' welfare and the expectation of the union from the company regarding the conduct of workers. As the HR she should be aware of trade union grievances and have at her fingertips the necessary report to deliver about the company’s expectations from the union as stated by (Burchielli, 2008). He should also be prepared to give good reputation of her company to the trade union concerning why the two workers were dismissed. She should also portray a good employee relationship in her arguments. Nevertheless, Ms. Davison should be prepared to defend the company in as far as the dismissal of two workers is concerned. At the same time she should be conversant with the trade union requirements regarding the rights of its members. It is also important for Ms. Davison to discuss the various difficulties they are encountering with workers so that the trade union can come up with a strategy to avoid such issues. She should also consider suggesting to the trade union chairman various ideas on how to advise the worker regarding the company polices in order to avoid misunderstanding. Since a trade union represents the welfare of workers to the organization, this meeting opens an opportunity for Ms. Davison with represent the welfare of the company to the trade union chairman in order to ensure that good relationship between the two organizations. The HR department has the mandate of selling the company's reputation and thus Ms. Davison should remain sharp on what she portrays about the company and its relationship with workers thus protecting the company’s reputation. Therefore, it is important for Ms. Davison to take advantage of such an opportunity to know any complaints from workers and also to present the grievances of the company as well as defending the company on any claims raised by the employees. Conclusion Summary of the Reasons behind the Changing Role of the HR Department The HR department should evolve into a consulting arm and a strategic partner which helps the company identify human resource needs in line with the company’s goals as well as type of management organization structure with the particular policies, procedures and processes that allow proper functioning of resources while maintaining the company’s momentum. In Addition, working with the legal experts, HR would be responsible for managing presentation of related outsourcing merchants. The increased technology growth and globalization have led to reorganizing, rightsizing and downsizing of companies and this highly affected the HR department due to its importance in a company's operation. The increased technology has improved the effectiveness of work in this department thus protecting the companies’ reputation. Some issues leading to the change in the HR department such as the shrinking talent pool are very critical and the company should adopt the best tactics possible to maintain its expertise. This means providing good working condition for the employees. Recommendations The Hr department should consider the significance of the various changing roles before they are adopted. A desirable change should that which leads to increased productivity by maximizing on profits and minimizing on costs. The cost of change in roles should not be high compared to the prospective outcome of the change, thus the company should make such a consideration. Any adopted change by an organization should respect to the ethical code of that company and should not negatively affect its operation. Summary on the Legal Issues Which Might Be Used By the Dismissed Personnel All workers have their rights regarding their employment and which should be respected by their respective companies. For instance, the dismissal of workers from the company should adhere to such rights and regulations in order to be fair in their judgment. The HR department should ensure that any action taken against every employee is in line with the legal issues provided for in the employment agreement and according to the law. It is important to note that the employee has the right to sue the HR department if his/ her feel that the right procedure has not been followed for the dismissal. The HR department should be aware of such legal rights of the employees as they are very sensitive and if not considered the company’s reputation can easily be destroyed. Recommendations It is important for every HR department to put into consideration the legal issues of employees under any circumstance of dismissal It is also recommended that every employee should be aware of their legal issues which protect them from exploitation by the employer Any HR department that does not value the rights of workers should be dealt with accordingly. Every worker has the right to ensure that their dismissal is fair and if it is not fair the employee has the mandate to sue the company for any discrimination. Summary of Legal/Ethical Issues That the Company Might Consider In Dismissal of Personnel The legal/ethical issues are very important in the daily operation of every company or organization. This is because they ensure that everyone starting from the managers to the lower ranked officers are all protected. Ethical issues guide employees and employers in their daily operations and they define what one is supposed to do and not to do. A company which upholds its ethical issue in how it handles workers is considered to be ethically principled. The legal and ethical issues should define the responsibilities of all workers in the company and lead them in the right direction without favouring any particular side. Most employees are registered with professional organizations which have defined code of ethics. Therefore it is important for every company to respect the work ethics of their employees. Recommendations Every company should be aware of its ethical/legal issues governing the operation of their workers. This will ensure that the company maintains its reputation. Every worker should also ensure that the company accords him/her fair judgment which is acceptable according to their work ethics. The relevant ethical/legal issues should be understood to both the company and workers and should be fairly administered. There is the need for the company’s management to ensure that the HR department handles employees in line with their work ethics. Summary on the Advice That Would Be Given To Ms Davison for Her Meeting with the Trade Union Representation As discussed above, the HR department is a very critical department in a company in as far as hiring and firing of employees is concerned while the trade unions are very influential on the welfare of employees. Consequently, establishing and maintaining a healthy relationship between the HR department and the HR department is very crucial. The HR department should therefore always consult the trade union representatives before taking any action against the employees. At the same time trade union should keep the employer informed of any grievance fro the employees and this will avoid any misunderstanding between the company and its workers thus maximizing on productivity. The relationship between a trade union and the HR department is of mutual benefit and thus, it is necessary that any meeting between the officials should be aiming to build the welfare of employees who connect these two groups. Recommendations The HR department should establish and uphold a good connection with the relevant trade unions through holding regular dialogues. The HR department needs to respect the decisions of the trade unions regarding the protection of employees Trade unions should always ensure that the HR department is informed of the workers' complaints in order to avoid misunderstandings. Trade unions need to enlighten their employees of any changes between the union and the company to ensure good work relationship. References Burchielli, R 2008, ‘Human resource management practices in trade unions: Implications for strategy’. Asia Pacific Journal of Human Resources, 46.1: 56-67 Heathfield, S n.d., Wrongful Termination of Employment Is Illegal: Avoid the Possibility of Wrongful Termination With Fair, Ethical Treatment. Viewed 9 August 2012 http://humanresources.about.com/od/legalissues/qt/Wrongful-Termination-Of-Employment-Is-Illegal.htm Plessis, A & Beaver, B 2008, ‘The Changing Role of Human Resource Managers for International Assignments’. Journal of International Review of Business Research Papers, 4 (5): 166-181. Pozgar, G 2008, Legal and Ethical Issues for Health Professionals, New York: Jones & Bartlett Publishers. Pynes, J 2009, Human Resources Management for Public and Nonprofit Organizations: A Strategic Approach, New Jersey: John Wiley & Sons. Read More