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

Define the steps in the selection process, Question 1: It is increasing...

Question 1: It is increasingly being recognised that in order to compete effectively in a turbulent environment, organisations need to differentiate themselves from competitors

Disadvantages of trade unions-human resource management, Disadvantages of t...

Disadvantages of trade unions they sometimes encourage inefficiency by forcing employers to employ or retain unnecessarily large numbers of employees. through force, trad

Initiating corrective action, Initiating corrective action if any: the last...

Initiating corrective action if any: the last step in the process is to initiate corrective action is of two types: 1. The one which puts out the fire immediately: employee can

Describe the usefulness of text mining, Describe the usefulness of text min...

Describe the usefulness of text mining. Text mining provides tools to analyse the vast sea of textual information, which is dynamic and difficult to handle and analyse for a le

Differentiate between job analysis and job evaluation, QUESTION 1 (a) D...

QUESTION 1 (a) Differentiate between job analysis and job evaluation. (b) What are the uses of job analysis in an organization? QUESTION 2 (a) Explain the different

Explain the terms knowledge, Explain the terms knowledge The terms 'dat...

Explain the terms knowledge The terms 'data', 'information' and 'knowledge' have been defined and distinguished in the write-up for other units of this course. We shall not rep

Human resource, what is the procedure of selecting the best human resource ...

what is the procedure of selecting the best human resource work with a project

Employment Or Independent Contractor, AEmployment Status Assignment Title:...

AEmployment Status Assignment Title: Employee or Independent Contractor Directions: For each of the following 5 scenarios, please indicate whether the individual would be classifie

Show criteria for performance measures, Q. Show Criteria for performance me...

Q. Show Criteria for performance measures? Criteria for performance measures: performance measures should: 1 is related to the strategic goals and measures that are organiza

Methods of selection of consultants, Methods of Selection of Consultants ...

Methods of Selection of Consultants We discussed about the steps involved in the procurement of consultant in previous section. We will now discuss the methods of selecting con

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