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

Labour Welfare measures used for employees in an organizatio, Labour Welfar...

Labour Welfare measures used for employees in an organization with

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

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

Company''s training and development strategies, Question : Imagine that...

Question : Imagine that you are the Human Resources Manager for a company which has determined that because of growing international competition it must become a true "learnin

Hr, what is hr

what is hr

Write an annotated bibliography, You will find a guide to writing an Annota...

You will find a guide to writing an Annotated Bibliography prepared by the learning advisors here at UniSA. Please read over this guide. Writing an Annotated Bibliography is a very

Management, “Borderless world, Diversity Management, and Knowledge power,...

“Borderless world, Diversity Management, and Knowledge power, are some of the overarching factors being encountered by the Human Resource Mangers of 21st century business world”.

Briefly explain main functions of human resource management, Human Resource...

Human Resource Management can be defined as being "a strategic and coherent approach to the management of an organisations most valued assets , i.e. the people working there wh

Which factors affecting job design, Q. Which Factors affecting job design? ...

Q. Which Factors affecting job design? Factors affecting job design: job design is affected by the organizational, environmental and behavioural factors. A properly design job

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

What are the assessment centres, Q. What are the Assessment centres? As...

Q. What are the Assessment centres? Assessment centres: mainly used for the executive hiring, assessment centres are now being used for evaluating executive or supervisory pote

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