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

Effectiveness of human resources management, Effectiveness of human resourc...

Effectiveness of human resources management Effectiveness of the various personnel programmes and practises can be measured or evaluated by means the organization health and hu

Explain the process of writing in oral presentation skills, Explain the pro...

Explain the process of Writing in Oral Presentation Skills 1. Brainstorm the topic   -  write down everything that comes to mind ( about the topic).   -  can be quotes, ideas,

Written warnings - disciplinary action, Whenever oral warning fail to achie...

Whenever oral warning fail to achieve the desired behaviour on the part of an employee, written warnings, which are the first formal state of progressive discipline, may be restore

Miss Ella, evaluate the hard and soft HRM to increased organizationL PRODU...

evaluate the hard and soft HRM to increased organizationL PRODUCTIVITY

How important is motivation at work, Question 1: (a) Organisational Be...

Question 1: (a) Organisational Behaviour is basically concerned with the study of human behaviour at work and with finding ways by which employee performance and productivity

What do you meant by the term employee development, Question 1: (a) Wha...

Question 1: (a) What do you meant by the term Employee Development? (b) How could you identify training needs in your organization? (c) What are the benefits of training

Provide leadership across the organisation, Write a report to your manager ...

Write a report to your manager outlining an organitional response to the incident in MacVille import/export company

Too Much Stress You Decide, 2) Is the charge of discrimination presented by...

2) Is the charge of discrimination presented by Donald’s lawyer relevant to this case? Explain. #Minimum 100 words accepted#

Role of administrative expert, Q. Role of Administrative expert? Admini...

Q. Role of Administrative expert? Administrative expert: the administrative role of an HR manager is deeply oriented to processing and record keeping. Maintaining employee file

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