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

Describe how training and development can be carried out, Question : In...

Question : In time of crisis, many organisations cut down their costs in order to stay in business. One of the costs that some organisations will cut first is their training an

What do you mean by application blanks, Q. What do you mean by Application ...

Q. What do you mean by Application blanks? The application blank mainly requires the personal history of the applicant. According to the Blum & Naylor (1968), "used properly

What do you mean by employee grievances, Problem 1 What is the purpose ...

Problem 1 What is the purpose of performance appraisal? List the various methods of performance appraisal. Describe the '360 degrees appraisal' method. Meaning of perform

a campaign proposal, is there a way of downloading a paper i could use for...

is there a way of downloading a paper i could use for an example

Explain data mining in knowledge management, Data mining Data mining is...

Data mining Data mining is a step within the Knowledge Discovery in Databases (KDD) process through which an organisation's data assets are processed and to gain insights to as

Determine the repository view of knowledge management, Determine The reposi...

Determine The repository view of Knowledge management The repository view of KM emphasises the gathering, giving, and filtering of explicit knowledge as the information held i

Benefits of balanced scorecard, Benefits of balanced scorecard: 1 focu...

Benefits of balanced scorecard: 1 focusing the whole on few key things needed to create breakthrough performance. 2 help to integrate various corporate programs such as qua

Employment relation, what are the strength and weakness of a pluralist

what are the strength and weakness of a pluralist

Suggestions for the effective employee orientation, Q. Suggestions for the ...

Q. Suggestions for the effective employee orientation? 1. The most significant part of the organization is the human side, giving new employees knowledge of what supervisors an

A pie chart , A Pie Chart : A pie chart shows how a total is broken down i...

A Pie Chart : A pie chart shows how a total is broken down into sub-units; for example, percentages may be shown as "slices of cake". Each "slice" represents a proportion of the t

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