Dear Team,



Charity they say begins at home: let’s give our position on this

HR Case 1 (Employee Relations)

Mr. Ogbonta was employed as a Manager in Onward Paper Mill Plc. He was summarily dismissed from his job after one of his subordinates claimed to have been assaulted by him.

In his defence, Mr. Ogbonta presented evidence to show, first, that he had been provoked and, secondly, that in the past employees had not been dismissed for rather more serious incidents of fighting and assault. He therefore claimed the employer had acted unreasonably in summarily dismissing him – on grounds of inconsistency. His previous record of conduct had been spotless.

The employer claimed that the other incidents had occurred some time previously and that their policy on such matters had toughened in the years since. They also claimed that Mr. Ogbonta’s position as a Manager made his case materially different.

Questions

1. Why should the fact that Mr. Ogbonta was a Manager make his case materially different?

2. Under what circumstances do you think it is fair for an employer to defend himself in cases of disparity of treatment by arguing that it has recently tightened up its procedures?

3. In what circumstances would such a defence be unfair in your view?

Thanks for your contributions.