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You have just been appointed as the new HR Manager for Madrigal Engineering- a growing engineering firm in inner Melbourne specializing in manufacturing custom parts for specialty cars.
Your CEO, Brian OLearly called you into his office yesterday and stated that a former employee- Oscar Mollic has lodged an unfair dismissal claim against the company with the Fair Work Commission in Melbourne. The company fired him some 4 weeks ago prior to your arrival.
Brian says the circumstances around Oscars dismissal are not 100% clear however his immediate supervisor Zoran Milosovic- for alleged serious misconduct fired him on the spot.
Madrigal Engineering does not have a formal performance management process- this is one of the things you are currently drafting.
Oscar Mollic claims his supervisor Zoran Milosovic bullied him, because of his ethnic background being originally from Bosnia, whilst Zoran was originally from Serbia.
Oscar says he was subject to constant harassment and given poor instructions by Zoran. He states that on Wednesday 16th July he arrived late at work following a medical appointment and that Zoran claimed that he was absent without approval, had not justifiable excuse and following a series of late arrivals he was dismissed.
You discussed this with Zoran who stated that Oscar was a poor worker with substandard performance and that he was constantly late. Zoran says that he spoke to Oscar on numerous occasions and despite he warnings, did not improve nor address time keeping so he fired him.
Madrigal Engineering did not use a tie clock to check on peoples arrivals; rather it expected people to adopt a professional approach. So there is not evidence to support or deny the allegations.
Zoran kept no notes regarding discussions or time keeping.
Informal discussions with several staff suggests that there was tension between t he two men and some specifically stating they felt Zoran was targeting Oscar because of his nationality.
Oscars lawyer has made it clear that he is not seeking reinstatement but rather a financial settlement of between $700-1.2million for hardship and mental stress.
Prepare a presentation for Brian outlining the key issues in the case and recommendations for addressing them.
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