Question

Thoroughly discuss the legal considerations associated with appraisal systems.

Answer 1

Answer:     

It cannot be done to provide a comprehensive analysis of the legal consequences of performance appraisal as these often vary from one state or from one state to another. However there are principles of equity and justice that must be enforced in any good employee evaluation process.

1. Appraisal should not be used in a punitive or retaliatory manner. It does not matter if the manager or supervisor is responsible for using the 'retaliation' assessment process with an employee who has been unhappy or otherwise upset them.

2. Appraisal may not be used to discriminate against employees on the basis of race, religion, age, gender, disability, marital status, pregnancy or sexual orientation.

3. The results of the performance appraisal must be accurate, accurate and supported by evidence and evidence. For example, if an employee has poor interpersonal skills and impairs team morale and performance, the manager may keep track of the incidents. Co-workers can be consulted and written down their ideas and responses. The nature and consequences of the employee's conduct must be recorded.

4. The employee should have the opportunity to comment on the results of his or her recommendation, present his or her agreement or otherwise, and complain of the outcome or at least request a review by the senior management.

5. Ratings should be balanced, recording information on all positive and negative aspects of an employee's performance (as much as possible).

6. Discovery results should not be used as a basis for promotion, remuneration or resignation decisions. A comprehensive database should be considered, where the analytical results of the employee may seem important but not exhaustive.

7. Employees who receive unacceptable results of good performance should be given the appropriate opportunity to improve. Generally, it is a bad idea to dismiss, to undermine otherwise to punish an employee for a different test result (depending on the type and behavior of the behavior associated with the negative outcome).

8. Provide timely feedback, especially to players who are young or poor. It's not fair to give someone who has been misbehaving for 12 months and presenting them with a positive assessment. Be willing, especially with the problematic staff, to provide regular feedback and guidance. Tell them if something is wrong and give them a chance to fix the problem in a timely manner.

9. Keep records. If an employee believes he or she has been treated unfairly, they may have the right to sue in law after years. In the case of poor performers, or people who are evicted or retrenched, or those who resign or walk in unhappy conditions, we suggest that their inspection records, as well as logs of critical incident and other relevant documents, should be permanently archived. Check with local legal experts on how to keep track of time and time limits on the rights of potential litigants, as these vary from one jurisdiction to the next.

10. If the test results are not good (or in any way controversial or provocative), ask a third party whose opinion is that the analysis results are fair and reasonable. Be prepared to change your position if the second opinion does not support the outcome.

11. Additives should avoid inflammatory and tasteful language. To the best of your ability, provide cutting-edge and spreading style. Make sure that criticism is related to the actual needs of the job and is not based solely on personal matters or other unnecessary matters that have little or no connection with the actual work requirements.

12. Managers and directors who are required to run employee appraisals should be trained in analytical principles and techniques. Performing appraisals is one of the most sought after activities in management. It is a sensitive and often disputed activity that, if harmed, can cause serious damage to workers' relations and behavior.

13. The test results should be treated as confidential and confidential information. The recording device must be secure and controlled. Only people with a legitimate need to know should have access to the performance appraisal information.