Case Study

Mrs$.$ Diane Brown is employed as a Sales Representative to Digital Corporation Ltd$.$ Most of the employees have given between one to twenty years of service to the organization. In the recent global recession, the company has decided to restructure the organization and make some staff members redundant. On Monday, Mrs$.$ Brown and her Manager, Mrs$.$ Beverley Campbell were in a heated exchange regarding an incident where Mrs$.$ Brown failed to carry out the instructions of Mrs$.$ Campbell. Specifically, an incident involving whether a customer should have been allowed to enter the office after the office had closed to the public. The Managing Director has given instructions to demote Mrs$.$ Brown as a reaction to Mrs$.$ Brown$$s poor attitude and make three other sales representatives redundant as a part of the restructuring exercise. Mrs$.$ Brown has raised a protest to the demotion citing a violation of her right to a hearing and questions about the decision. She claimed Mrs$.$ Campbell has a habit of admitting customers to the office after closure for the day which was in violation of the existing policy and presented a security concern. When Mrs$.$ Brown had pointed it out to her, Mrs$.$ Campbell$$s response was $$this company allows you to put food on your table and pay your bills you$$re lucky you are not fired.$$ Mrs$.$ Brown asked permission to leave the office for the day so that she could consult with the Ministry of Labour and Social Security.

Questions

A$.$ Using the Labour Relations Code outline the proper disciplinary procedure the company

should have followed in addressing Ms$.$ Brown$$s situation. $(5$ marks$)$

B$.$ Why is it important to have a formal grievance and disciplinary procedure? $(5$ marks$)$

C$.$ State clearly the THREE $(3)$ conditions under which a worker can be made redundant.

$(6$ marks$)$

D$.$ Advise the three staff members of their legal entitlements under the Employment

Termination and Redundancy Payments Act $1974$ and the Holiday with Pay Act $1973.$

$(14$ marks$)$

$($Total $30$ marks$)$