Answer to Question #217598 in Management for Sandie

Question

John works as an analyst for ECH holdings. One morning he is asked by his manager to deliver a parcel to a client in town using the company car. While on route, John is involved in an accident and the company car is damaged in the process. As per the correct procedure, John logs an incident report, but a few days later he is surprised to receive a lawyer's letter from ECH, claiming that he was using the car for his own personal reasons and suing John for the cost of the damages to the vehicle.

 

John argues that he was merely following orders from his manager and that the accident was not his fault. ECH does not accept John’s claim and proceeds with issuing him two letters. First, a letter of demand to cover the costs incurred of the damaged car and second, a letter of dismissal.

Discuss the concepts of substantive and procedural fairness in relation to this example above. 

 

Answer 1

The employer must investigate the reasons for the poor performance.

• The employer must provide the employee with adequate evaluation, instruction, training, advice, or counselling

• The employer must provide the employee with a reasonable period of time to improve

 • If the employee continues to perform poorly, they may be fired for poor work performance.

• The employee has the right to be heard and assisted by a union representative or a coworker during the dismissal process.