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

Basic ingredients or guidelines of a disciplinary action, Basic ingredients...

Basic ingredients or guidelines of a disciplinary action: the principal ingredients of a sound disciplinary system are: 1. Responsibility for maintaining discipline: the Respon

What is the preliminary interview, Q. What is the preliminary interview? ...

Q. What is the preliminary interview? Preliminary interview: it is generally regarded as exchange of basic information between the candidate and the personnel manager about the

Virtual teams, An increasingly common form of teamworking is the use of vir...

An increasingly common form of teamworking is the use of virtual teams, where members rarely interact face-to-face. A virtual team may include members from the same organisation wh

Critical incident for the job analysis, Q. Critical incident for the job an...

Q. Critical incident for the job analysis? In this method the supervisor is asked to provide instances of on the job behaviours of people which he considers to be noteworthy. S

Show nature of the grievances, Q. Show Nature of the grievances? ...

Q. Show Nature of the grievances? Nature of the grievances: a grievance is a problem and submitted by an employee or several employees of different types. It may be conc

Recuitandselectcandidatestofilldefinedposition, Drawadiagramshowingthefives...

Drawadiagramshowingthefivestepsintheselectionprocesss

Emotional intelligence, Emotional Intelligence: EI as a concept in lea...

Emotional Intelligence: EI as a concept in leadership has been equated to IQ. The concept of Intelligence, or IQ, is about analytical intelligence. The concept of Emotional In

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