HRMT 3125 experience in management
You are employed in the HR department Discount Farm Machinery Ltd. The Manager – Mechanics Division Farm Machinery for British Columbia is retiring. Your employer has asked you to do the following: a. Draft an advertisement for the position of Manager – Mechanics Division Farm Machinery for British Columbia based on fact pattern as outlined below (Maximum 2 pages – 5 marks) b. You have a number of interested candidates. David Smith has responded to your advertisement and after going through an interview process your employer has decided to make him an offer.
? Write a short memo to your employer on what should be done to determine whether he is an appropriate candidate and whether the offer should be a conditional offer (if so on what)? (Maximum 2 pages – 5 marks)
c. Prepare a letter making the offer of employment to him (Maximum 1 page – 5 marks).
d. Your employer has asked you to prepare a memo identifying what provisions you should include in the employment contract and why? This assignment is not asking you to draft an employment contract. Rather, it is asking you to identify to provisions (terms) you wish to include in this contract and discuss why you think those terms are appropriate or important. YOUR MEMO SHOULD MAKE EXTENSIVE USE OF HEADINGS AND SHORT PARAGRAPHS. (Maximum 3 pages – 10 marks)
FACT PATTERN: DISCOUNT FARM MACHINERY LTD. (Manager – Mechanics Division Farm Machinery) Discount Farm Machinery Ltd. is in the business of selling used and new heavy-duty machinery including farm machinery to dealerships and individual farms. The company has its corporate headquarters in Langley, British Columbia. In British Columbia, Discount Farm Machinery Ltd have offices in Langley, Kelowna, Prince George and Fort St. John. It has sales throughout Canada.
The sales for Ontario, Quebec and the Maritime provinces are handled out of Toronto. The sales for the Prairie Provinces are handled through Regina, Saskatchewan. The job of a Manager – Mechanics Division Farm Machinery involves a supervisory role of the mechanics division of the company in British Columbia. There are 10 mechanics located in Langley, 5 mechanics located in Kelowna, 5 mechanics located Prince George and 8 mechanics located in Fort St. John. The mechanics inspect, repair and ensure the used machinery has been properly serviced before they are sold. As well they repair machinery that has been sold to customers. From time to time a mechanic will be asked to attend to a customer’s machinery in the field.
The job requires the successful candidate to have good communication skills. It involves the supervision of mechanics to ensure the repairs are properly carried out in a safe environment. Occasionally the successful candidate you will be asked to meet face to face with customers. The successful candidate will manage the department to ensure all company procedures on health and safety, inventory, billings and quality control are being followed. While the successful candidate will spend most of his time in the Langley office he will be required to visit other offices about once a month to ensure they are following company policies. Most of the clients from the farming community are older males and your boss has stated that he feels the preferred candidate should be male as the clients would feel more comfortable dealing with them.
He should also be reasonably fit as the work involves walking over rough terrain on farms. Most of the farmers are of Christian faith and it would be preferred with he shared their religion. There are 15 other companies in British Columbia selling farm machinery. The job of Manager – Mechanics Division Farm Machinery involves having access to previous technological advances in the new equipment that is coming up for sale and how to repair them. He also has access to the processing of large sums of money when equipment is repaired and subsequently sold. Your employer has asked you to draft an advertisement for the position of Manager – Mechanics Division Farm Machinery for British Columbia. The ideal candidate should have at least a bachelors’ degree in business, engineering and/or agriculture. He must have at least 5 years’ experience in heavy duty mechanics and be certified and 5 years’ experience in management.
Most of the clients are male and your employer has advised you that the successful candidate must be male and be between 40 and 50. He does not want him to be younger as he would be less experience and might have family commitments that would keep him away from completing his road duties. The candidate must have computer skills and be technologically savvy. He must be able to act independently and be a problem solver. He would be reporting to the General Manager for British Columbia. The territory is all of British Columbia. Approximately half of the sales are in the Peace River country. After an interview your employer has decided make an offer to David Smith. David presently lives in Calgary, Alberta. He told you that he meets all of the criteria and is ready to start immediately. He is 43 years old, married and with two children (aged 18 and 20).
He lost his job 1 months ago as a result of the restructuring of his previous employer. His wife is not working at the present time. You employer has asked you to prepare a memo as to what terms should be included in an employment agreement. He told you the parties discussed the following at the interview:
? Discount Farm Machinery would Mr. Smith that he would help him with his moving expenses.
? He would be paid a base salary of $100,000 plus a commission of 2% of net sales from the mechanics division.
? He Smith would be given all of he usually benefits including extended medical
? He would be located in Langley, B.C.
? He would be given a company car All senior salespeople for Discount Farm Machinery Ltd. are required to complete a twoweek training course on Company procedures which costs the employer $10,000. Your employer would like to recover this sum from the employee if he leaves the within 5 years of starting his job.
Answer:
Part A
ADVERTISEMENT
Discount Farm Machinery Ltd
Required- Manager – Mechanics Division Farm Machinery
Key skills required
- The candidate should posses computer skills
- The candidate should be technologically savvy
- The candidate should at least have a bachelors’ degree in engineering, business and/or agriculture
- The candidate should have at least 5 years’ experience in heavy duty mechanics
- The candidate should have at least 5 years’ experience in management
- The candidate should be able to act independently
- The candidate should be a problem solver
- The candidate should have good communication skills
Job requirements
- The candidate would be reporting to the General Manager for British Columbia
- The candidate would be required to undertake supervision of mechanics for ensuring that repairs are carried out property in a safe environment.
- The candidate would be asked meet face to face with customers.
- The candidate would manage the department towards ensuring that all company procedures on, inventory, health and safety, quality control and billings are being followed
- The candidate would be required to visit other offices about once a month
- The candidate would be required to have previous technological advances in the new equipment present for sale and the ways in which they can be repaired
- The candidate would be required to process a large sums of money when equipment is repaired and sold
Interested candidates having the required skill can email their CV to [email protected] DFM.com
HR Manager
Discount Farm Machinery Ltd
Part B
To
The Employer
Sub: How to determine the appropriateness of the candidate and whether and on what bases the offer should be conditional
Respected Sir,
I have not included certain elements in the advertisement as asked by you in the requirements for the role of the managers such as age, gender and religious preferences as if such factors are added they would lead to the breach of discrimination laws and the company may be liable for prosecution (Harten, 2016). There are various ways in which it can be determined that a candidate is appropriate or not for a particular Job role. These include ascertaining their capacity, their position and their character as to whether they would be able to fit in the organization culture or not. Whether a candidate is male or a female, his or her religious attributes or his or her age should not be taken into consideration unless it is a pure occupational requirements.
The person should be notified about their Job role and about the culture of the company and than a feedback should be obtained from him or her as to whether they would be able o fit into the role and the culture of the organization. The capacity of the candidate has to be assessed based on his or her education and past experience. There are various questions which may be asked to a candidate to determine whether they are an appropriate choice for the job role or not. These questions involve asking them about their family backgrounds, their past jobs and how efficiently they would be able to take up the present role.
When an offer is made to the candidates it is a best practice to make the offer conditional. This means that the employment would be conditional on factors like the performance of the candidate. This is because if the candidate is not able to perform adequately in accordance to the needs of the organization they may be terminated by the employer. In addition f any information which has been provided by the candidate to us turns out to be incorrect even then they contract which have been provided to them may be ineffective (Walsh, 2015).
The offer may also be conditional in relation to the amount of time within which the offer can be accepted by the candidate. Thus in the given situation the offer which has to be provided to candidate must be conditional in relation to the fact that all information which have been provided by the candidate to the company is true and if not than the contract would not be valid.
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
Part C
To
David Smith
Dear Candidate,
This is to inform you that you have been selected for the role of Manager of Mechanics Division Farm Machinery of Discount Farm Machinery Ltd. The offer which is presented to you is conditional on the fact that fact that all information which have been provided by you to the company is true and if not than the contract would not be valid. The role which needs to be carried out by you in the role of the manager includes
- reporting to the General Manager for British Columbia
- Undertaking supervision of mechanics for ensuring that repairs are carried out property in a safe environment.
- Meeting face to face with customers.
- Managing the department towards ensuring that all company procedures on, inventory, health and safety, quality control and billings are being followed
- The candidate would be required to visit other offices about once a month
- Having previous technological advances in the new equipment present for sale and the ways in which they can be repaired
- Processing a large sums of money when equipment is repaired and sold
- You may need to travel at times for work purpose
Your performance will be constantly under supervision as your role is of significant importance to the company
- Your salary would be $100,000 plus a commission of 2% of net sales from the mechanics division.
- You would be required to work from Monday to Friday and your shift would be from 9 AM-5:30 PM
- You will be helped with your moving expenses
- You would be located in Langley
- You would be provided would be provided with a company car
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
Part D
To
The Employer
Sub: Advice in relation to what provisions have to be included in the contract of employment and why such inclusion is required.
Respected Sir,
There are various terms which should be present in an employment contract. In relation to the employment contract which would be provided to David the following terms are mandatory
Salary clause
A salary clause is an important clause of the employment contract which defines the remuneration which is to be paid to the employee so that there are no discrepancies in relation to the wages or salary of the employee in the course of employment. Here the salary of the employee would be $100,000 plus a commission of 2% of net sales from the mechanics division.
Termination clause
This clause in incorporated into the contract of employment for the purpose of taking away the rights of the employer of being provided with a reasonable notice period before termination. The case may specify circumstances in which a candidate may be terminated without reasonable notice such as gross negligence or misconduct.
Obsolescence Clause
This cause is added to the contract for the purpose of making sure that the agreement would be enforceable and applicable irrespective of how long the employment last even where he employment relationship fundamentally alters between the date of initiation and termination.
Non-Solicitation or Non-Competition
This cause is added to the contract for the purpose of making sure that the employers are not subjected to financial losses in case the ex-employee attempts to solicit from the clients and employees of the employer. This clause provides an obligation on the employer not to get into such activities.
Probationary Period
This cause is added to the contract for the purpose of determining whether an employer is suitable for the job role or not bay providing them a specific time frame known as the probation period (Painter & Holmes, 2015).
Leave entitlements
The clause sets out the leaves which an employee will be entitled to get as per the organizational policies and when would such leaves be paid or unpaid
Compliance clause
This cause is added to the contract for the purpose of making sure that the employees comply with the provisos of the code of conduct and code of ethics along with organizational policies (Holland, Burnett & Millington, 2015).
Additional requirements
The clause will be added to incorporate any additional requirements of the employer such as in the resent case the employer is entitled to get the amount paid for the training of the employee if the employee terminates the job before a period of five years.
Yours Faithfully
HR Manager
Discount Farm Machinery Ltd
References
Harten, N. (2016). Disability and the employer's duty-a comparison with Ontario, Canada: employment law. Without Prejudice, 16(7), 9-12.
Holland, J. A., Burnett, S., & Millington, P. (2015). Employment Law 2016. Oxford University Press.
Painter, R., & Holmes, A. (2015). Cases and materials on Employment Law. Oxford University Press, USA.
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
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