Case of constructive dismissal, HR Management

Assignment Help:

You are the Employee Relations Adviser at Dell Co. Ltd- a fast expanding company in Computer System and Communication.

Karen Smith a Senior Engineer has been employed in your department for ten continuous years. During her tenure she has been a model employee, although in the past two years you've observed a drop in her work performance due to lateness at work, slow to comply with instructions and frequent absences. The whole department is aware that Karen is facing many problems at home, and her co-workers have extended their help to her by completing her work as and when required, but they are now beginning to complain.

Although you had hoped that Karen's issues would improve and she would return to being the dependable employee you once knew, you must confront her about the work piling up.

When you meet her the next morning and begin the discussion about her work performance, she starts to cry and tells you that her husband has been abusive, her son is taking drugs and she has been battling alcoholism and depression. You try to help her through these issues by counselling and tendering relevant advices

You suggest to her, that, she visits the Company Industrial Psychologist, her physician and thereafter to join the workfare programme set up under the Employment Rights Act no 33 of 2008. After the end of a lengthy meeting she feels better. She requests for a week vacation leave, which you orally approve, so as she takes the road to recovery - an appropriate step to improve her situation. She leaves your office with a deep satisfaction.

To your utmost dismay, she registered a case of Constructive dismissal at the Ministry of Labour, Industrial Relations and Employment and she is claiming compensation as prescribed by the Employment Rights Act no.33 of 2008

(a) Was the counselling you tendered to Karen Smith appropriate? Discuss and justify your answer with relevant section of labour Law.

(b) Was there any better options? Justify your answer.

(c) Could she register a case of constructive dismissal?

(d) Could you entertain a claim of 30 days wages in lieu of notice and severance allowance for her case of constructive dismissal under the Employment Rights Act No 33 of 2008?


Related Discussions:- Case of constructive dismissal

Organisational support - training, There is a widespread inaccurate assumpt...

There is a widespread inaccurate assumption that people know how to work in teams. It is all too common that organisations implement teams without providing training for employees.

Job design approach, Job design depends on the human resource management. J...

Job design depends on the human resource management. Job design approaches define the company's goals and perspectives. It defines and designed in terms of the activities to their

Difference between corporate and organisational culture, Question 1 SAS...

Question 1 SAS, which defines for Statistical Analysis Software, writes software that makes it possible to gather and understand data, producing products that set the industry

Using the internet, There is an increasing amount of material available on-...

There is an increasing amount of material available on-line through the Internet, and the Web in particular is becoming a very useful tool in research. • The Internet can be use

Training for different employees, Training for different employees : The...

Training for different employees : The employees who are to be trained can be of different types and each type would require different types of training. 1. Unskilled workers

Strategy formulation, During strategy formulation the team needs to set exp...

During strategy formulation the team needs to set expectations and priorities as well as assign tasks and roles. When teams are unable to develop succinct plans for goal accomplish

HR Audit, What is the right time to do HR audit? Is it necessary to do the...

What is the right time to do HR audit? Is it necessary to do the HR audit once in a year or twice? Who will be there in the committee to do the audit work? Any specific guideline

What are the main purposes of a job description, Question 1: (a) What i...

Question 1: (a) What is the difference between ‘motivation' and ‘discipline' ? (b) Describe how the interrelationship between ‘discipline' and ‘motivation' is of interest

Describe the intercultural communication, Problem 1 According to you ho...

Problem 1 According to you how could development journalism make a positive contribution to the Third World. Problem 2 Describe the intercultural communication process

Selection, name and explain the aspect that adhered then making final selec...

name and explain the aspect that adhered then making final selection decision

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd