Individual assignment Unfair 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 filed against her.

Cite cases to support your answers

(a) What is the difference between resignation and constructive dismissal? (5 marks) Cite any 2 cases for constructive dismissal, briefly stating the facts of the cases

(b) Will Ms. T's claim for constructive dismissal prosper? Explain. (7 marks)

(c) How is fairness assessed in an unfair dismissal case? Explain, citing reasons. (8 marks)

(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" (10 marks) cite any 3 cases. Explain the cases-issue, rules, application, conclusion.

• (e) React to this statement cited as reason for dismissal of an employee" Justify your answer by stating if the comment warrants dismissal... 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. "Would the answer be different if the employee was incapable at performing at work because she consumed too much alcohol? (10 marks)

N.B. The other 10 marks will be awarded for introduction, (2) conclusion, (2) writing (3) and APA referencing (3). Kindly pay strict attention to the marks' allocation.