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

Definition of personnel management, Problem 1 Explain the importance of...

Problem 1 Explain the importance of Human Resource Management (HRM). What are the objectives and features of HRM? Meaning of HRM Importance of HRM Objectives of HRM

What is management? five elements of management., Fayol's definition of man...

Fayol's definition of management functions and actions differentiates between Five Elements:  1. Prevoyance. (Forecast & Plan). Investigating the future and making up a plan

What are some mistakes you have made in previous jobs, What are some mistak...

What are some mistakes you’ve made in previous jobs? You are being invited to tell tales against yourself. Whatever you admit to, make sure it’s fairly innocuous and did not in

Role of non monetary incentives, Q. Explain Role of non monetary incentives...

Q. Explain Role of non monetary incentives Role of non monetary incentives / rewards: the various roles of non monetary incentives in motivating the work force are as follows:

What are the major barriers to good communication, Question: a) By ado...

Question: a) By adopting a global perspective to do business, explain what are the major opportunities and challenges a manager will have to face to operate worldwide. b)

Show recruitment policy, Q. Show Recruitment policy? A policy is a stan...

Q. Show Recruitment policy? A policy is a standing plan, policies or directives provide continuous framework for the executive actions on policy recurrent problems. A policy as

Characteristics on the behaviour of human beings, QUESTION Growth and d...

QUESTION Growth and development can be influenced by two sets of factors Genetic or internal factors - all those that have been transmitted by the parents to the offsprin

Use of strategic human resource management, Question : "Change is a con...

Question : "Change is a constant companion when one is in business. In order to cope with change, organizations rely on a management approach called "Strategic Human Resource M

Describe performance appraisal, Question 1: Performance management is t...

Question 1: Performance management is the process of creating a work environment or setting in which people are enabled to perform to the best of their abilities. Discuss.

Explain why is it important to motivate employees, Question 1: The eter...

Question 1: The eternal question in organisations is "How to improve performance"..."Behaviour is what drives performance". This statement has been made by Robin Stuart-Kotze,

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