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  1. Recruit, select and induct staff With Sue Cameron MBA AFAIM TAE Session 5 Legal and ethical responsibilities

  2. Agenda Session 5 • Revision on Session 4 • Competency based job Descriptions • Group activity on job descriptions • Organisations Polices & Procedures (P&P) • Legislation pertaining to recruitment • Codes of practice • National standards • OHS obligations

  3. Revision on Session 4 • What are the usual headings in a job description? • Should all positions have a job description? • What are some of the other terms for a job description as mentioned on e-learning? • Who else can use a job description? • Who should be involved in writing a job description? • Why are job descriptions not all the same?

  4. Headings for a job description • Position • Title

  5. Headings needed for the assessment • Job Title: • Reports to: • Purpose of the Position: • Tasks and Duties: • Required qualifications, skills and knowledge: • Competencies required for this position: • Legislation, awards, P&P’s codes of conduct and standards required:

  6. Videos • Show video on e-learning portal • Job Descriptions Dos and Don’ts

  7. Competency based Job Descriptions • In human resource management, developing competency-based job descriptions is one way to define participant roles while still allowing for evolution • Like well-written typical job descriptions, competency-based job descriptions list job title, job description, key responsibilities, and requisite and preferred education and experience

  8. Competency based Job Descriptions • What competency-based job descriptions add is a focus on less tangible behavioural competencies • A few examples of behavioural competencies are leadership, interpersonal communication, multicultural sensitivity, initiative, teamwork, and flexibility • Linked to each competency are indicators of how effectively employees meet each requirement Reference: Wikipedia website (November 2012) http://en.wikipedia.org/wiki/Competency-based_job_description

  9. Competency based Job Descriptions • A competency based job description for a Terminal Manager is to be found on page 336 in your ‘Business Management’ text book • This has a heading called “Special Requirements’ • Plus under ‘Duties and Responsibilities’ and ‘Training Needs Assessment’ listed are the 3 Key Result Areas (KRA’s)

  10. Key Results Areas They are for this position: • HR Management • Sales and Marketing • Customer Service/Quality Management If these KRA’s had a measurement metric (number) they would then be called KPI’s (Key performance Indicators)

  11. Group Activity • In small groups select a team leader • Discuss the jobs that everyone in the group has • Select a position of someone’s who’s English is not so strong • Using the copy of the assessment as a guide • Use the headings write a job description

  12. Organisation’s P & P’s • Polices: Are principles, rules, and guidelines formulated or adopted by an organization to reach its long-term goals • Procedures: An established or official way of doing something i.e. step by step

  13. Examples of P&P’s • Kiama Municipal Council website (Nov 2012) http://www.kiama.nsw.gov.au/corporate-services/recruitment-policy.html • Human Resource Solutions website (November 2012) http://www.human-resource-solutions.co.uk/HR-Policy-Pages/Recruitment/Recruitment.htm

  14. Policies & Procedures Discussion • Turn to your neighbour and talk about where you work now and what sort of policy and procedure would help you in your job? • Share these with the class

  15. Legal requirements • Australia and NZ, like many other countries, have legislation prohibiting discrimination based on race, colour, marital status, religion, sex and sexuality, and national or ethic origin in all areas of employment and recruitment • Other laws which impact on recruitment are the privacy laws and the employment law, called the Fair work Act

  16. Legislation • Anti- discrimination Acts there are several including the: • Age Discrimination Act 2004 • Australian Human Rights Commission Act 1986 • Disability Discrimination Act 1992 • Racial Discrimination Act 1975 • Sex Discrimination Act 1984 http://humanrights.gov.au/info_for_employers/law/index.html

  17. Legislation 2. Privacy Act 1988 (see page 355 in text book ’ Business Management) http://en.wikipedia.org/wiki/Privacy_Act_1988 • Fair Work Act 2009 http://www.fwa.gov.au/index.cfm?pagename=legislationfwact

  18. Codes of Practice • Written guidelines issued by an official body or a professional association to its members to help them comply with its ethical standards • These ethical standards are principles that when followed, promote values such as trust, good behaviour, fairness, and/or kindness

  19. Codes of Conduct • A code of conduct states the rules, values, ethical principles and vision for your business • Having a code of conduct in your workplace provides staff with clear standards and expectations of how to do their job

  20. Codes of Conduct • It's important for staff to understand and agree to your code of conduct, as their compliance with the code helps to build your business's reputation

  21. Example of section of a recruitment code of conduct For employers Under the Recruitment Code of Practice, employers should: • Be straightforward, honest and sincere in their dealings with candidates • Not allow prejudice, conflict of interest or bias to override their objectivity

  22. Example of a recruitment code of conduct • Conduct themselves in a manner consistent with the good reputation of our profession and refrain from any conduct which might bring discredit to the Institute • Make efforts to arrange interviews or other selection activities for a time that is convenient for candidates Reference: The Institute of Chartered Accountants code on KPMG’s website http://www.kpmg.com.au/Portals/0/ICAA%20Code%20of%20Practice.pdf

  23. National Standards • The National Employment Standards (also known as the NES) cover everyone in the national workplace relations system • They started on 1 January 2010 • The National Employment Standards are 10 minimum conditions for employees • Together with the national minimum wage, they are a minimum safety net for employees

  24. National Standards • They include minimum entitlements for leave, public holidays, notice of termination and redundancy pay • An employee’s minimum entitlements can also come from a modern award or agreement Fairwork Australia Website (November 2012) http://www.fairwork.gov.au/employment/national-employment-standards/pages/default.aspx

  25. The 10 National Standards • To be found in the Fair Work Ombudsman’s website as follows: http://www.fairwork.gov.au/employment/national-employment-standards/pages/what-are-the-10-nes-entitlements.aspx

  26. Industrial Awards • An award is a ruling handed down by either Fair Work Australia or by a state industrial relations commission which grants all wage earners in one industry the same conditions of employment and wages • Reference: Wikipedia website (November 2012) http://en.wikipedia.org/wiki/Industrial_award

  27. Industrial Awards • An example of a modern award for the Hospitality Industry – pay rates (click on free download) http://haycroft.com.au/hospitality-industry-modern-award-full-rates-2012-2013 The Fair work Act - Modern Awards You Tube Video (Nov 2012) http://www.youtube.com/watch?v=ht9zO4K47Xk&feature=related

  28. OHS Requirements • The current law on OHS is called the Australian Workplace Health and Safety Act 2011 • The Air NZ safety Ad (November 2012) based on Lord of the Rings and the Hobbit http://www.youtube.com/watch?v=cBlRbrB_Gnc&list=UUtQp6YD3Uc7Q439xlWL6APA&index=4&feature=plcp

  29. Next Session 6 • Revision Q&A • Attracting applicants • Advertising