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

Person - focused behaviour, Burke et al. (2006) found that both person-focu...

Burke et al. (2006) found that both person-focused and task-focused behaviours are equally important for team effectiveness. Person-focused behaviours emphasise creating vision, ma

Career planning, Career Planning Career planning is the procedure by w...

Career Planning Career planning is the procedure by which one chooses career goals and the path to this goal. The main focus of career planning is on assisting the workers att

Disadvantages of job enlargement, Disadvantages of job enlargement: 1....

Disadvantages of job enlargement: 1. Job enlargement tends to be a costly affair. Workers may require additional training for their enlarged jobs. Moreover, if the Job enlarge

Recruitment and seclection , Evaluate the ethical challenges surrounding r...

Evaluate the ethical challenges surrounding recruitment and selection techniques and tools utilised by contemporary business organisationson..

Hr performance drivers, HR performance drivers: grasping the relationships...

HR performance drivers: grasping the relationships among key success factors is essential for measuring HR's traditionally elusive role in driving organizational performance. Once

Discuss feasibility of the human resource planning function, Question 1: ...

Question 1: (a) Define ‘Training'. (b) Explain thoroughly the importance of training in an organisation (c) To what extent do you think the following training methods can

Impact of technology on the various training methods, Question 1: "Huma...

Question 1: "Human Resource planning is vital for any organisation." (a) Explain the process of Human Resource Planning. (b) Explain and discuss the main aims of human resou

What is your greatest weakness, What is your greatest weakness Do not p...

What is your greatest weakness Do not place your foot in your mouth and turn confessional here – being painfully honest about your faults won’t score you any points.The overuse

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