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

What are the barriers to effective listening, Question 1: Explain comm...

Question 1: Explain communication process model and discuss how people reading or hearing the same message can disagree on its meaning. Question 2: Answer briefly to

Show importance of the compensation, Q. Show Importance of the compensation...

Q. Show Importance of the compensation ? Compensation and reward system plays a vital role in a business organization. Since, among four ms, Men, material, machine, and money,

Show the potential roadblocks and problems, QUESTION: Company A believe...

QUESTION: Company A believes that it has achieved nationally all its strategic vision, goals and objectives and is thinking therefore of going international. It is accordingly

Mechanism of human resource management, Mechanism of Human resource managem...

Mechanism of Human resource management: Performance appraisal: performance appraisal is the process of assessing the performance and progress of an employee or of a group of e

Calculate the effective stock of manpower, Question: (a) Explain the di...

Question: (a) Explain the direct method of forecasting workforce at the macro level. What are its main limitations? (b) The stock of mechanics in District Z stood at 2500 a

Ii. What are the strengths of each plan, Ask qii. What are the strengths of...

Ask qii. What are the strengths of each planuestion #Minimum 100 words accepted#

Hr planning-recruitment, 1. What information will you need to collect to pl...

1. What information will you need to collect to plan a response for this transition? How will you use this information to create a selection strategy? ( you may use a table to pres

What behavioural elements affecting job design, Q. What Behavioural element...

Q. What Behavioural elements affecting job design? Behavioural elements: behavioural factors have to do with the human needs and the necessity to satisfy them. Higher level nee

Consultants and need for consulting services, Consultants and Need for Cons...

Consultants and Need for Consulting Services Consultants are professionals with required skill, who can be employed on project basis. Growth of consultant profession is of rece

Introduction to files and records, INTRODUCTION : In modern days an office...

INTRODUCTION : In modern days an office acts as information centre. It is a place where information is collected, processed, stored and made available for the conduct of various a

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