Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told that should she not resign, she could be terminated from work for just cause and worse criminal charges could be file against her. (d) Discuss the following statement in relation to unfair dismissal; “Capability or qualifications can be a potentially fair reason for dismissal, but not as compared to other employees” (e) React to this statement cited as reason for dismissal of an employee, “... when the company held a party in her honour for 20 years of service to the company, she drank too much and had to be taken home by the company’s driver.” Justify your answer by stating if the comment warrants dismissal.
Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court.
In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver.
Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told that should she not resign, she could be terminated from work for just cause and worse criminal charges could be file against her.
(d) Discuss the following statement in relation to unfair dismissal; “Capability or qualifications can be a potentially fair reason for dismissal, but not as compared to other employees”
(e) React to this statement cited as reason for dismissal of an employee, “... when the company held a party in her honour for 20 years of service to the company, she drank too much and had to be taken home by the company’s driver.” Justify your answer by stating if the comment warrants dismissal.
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