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

Health information management, Identify an acute care facility and a non - ...

Identify an acute care facility and a non - acute health care facility in your area. Arrange to speak to the health information management professional at each facility and discuss

SELECTIVE PERCETION, HOW DOES SELECTIVE PERCEPTION AFFECTS ORGANIZATIONS?

HOW DOES SELECTIVE PERCEPTION AFFECTS ORGANIZATIONS?

Explain the importance of performance appraisal-review, Question 1: (a)...

Question 1: (a) Describe the different levels of operations of International Business. (b) Explain the importance of considering various Management approaches/orientations w

Theories of leadership , Comment on the various theories of leadership and ...

Comment on the various theories of leadership and comment on which model can best be applied to your organisation.  Take a particular team and making reference to what is considere

Determine the return on investment of training, Question 1: (a) How is...

Question 1: (a) How is the term ‘development' different from ‘training'? (b) Briefly describe the different training methods that can be used while conducting training.

Induction, reason why some companies don''t pay sufficient attention to sta...

reason why some companies don''t pay sufficient attention to staff induction

RFP, how to make request for proposal for HRIS SOFTWARE

how to make request for proposal for HRIS SOFTWARE

Challenging task for manager in a multinational organization, Question 1: ...

Question 1: To face the challenges of HRM in an international context, Managers need to possess certain indispensable skills. (a) Which skills would you consider as the most

Limitations to maslows theory for managing people, Question 1: (a) Expl...

Question 1: (a) Explain Maslow's hierarchy of needs. (b) Discuss the limitations to Maslow's theory for managing people. (c) Discuss how Mc Gregor theory might help to

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