Abstract
This paper is a review of a case study in human resource management with a slant towards the legal aspect of contract of employment and renegotiation of contracts. As none of the authors is a lawyer, the paper is reviewed from the managerial rather than from the legal point of view. Cindy is the lady employee in question who worked for a company for many years and never thought that a time would come when her employer would transfer her to a far off and forlorn place in the midst of nowhere. Her relocation puts her off and she thought she had been unfairly treated by her employer. In the analysis of the issues at stake in the scenario, the authors came to the conclusion that both Cindy and her employers had merit in their case should they go to court for adjudication and pronouncement of a verdict. Cindy on her part did not follow due process at the onset to ask questions about her job. It seemed also that her employers on their part did not do full disclosure about the nature of the job and the need to relocate staff when necessary. The authors decided to use the exploratory approach methodology in this case study review as there was not much information in the scenario to go by. The case study method has been found to be a suitable method of research that enables a phenomenon to be examined closely at a micro level so that knowledge from a small sample can be extended to cover generalizations of all similar cases, using the deductive and inductive approaches. Therefore the authors made some assumptions and used the deductive and inductive approach to arrive at logical conclusions. This article is therefore a narrative article and a commentary that does not include any primary research material. Readers are free to come to their own conclusions on the merit of the case as the main objective of the authors of this article is to generate knowledge for academic discourse. Human Resource practitioners and theoreticians will hopefully find the article stimulating food for thought and pertinent to their work.
Highlights
Poem on Cindy Employer employs and deploys, Employee complies and criesFoul! Foul! Job a ruse, Not enough dough to use, Rope-a-dope, A ploy with entrapment, a decoy But remuneration full value received with much ado! Employer denies and decries charges, Blame it on psychological contract, It’s in nature of the game, On balance of probabilities, It’s a zero sum game, The die is heavily loaded, Always loaded in favour of power calculus, Kwesi Atta Sakyi et al.: Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution
The objective of the article is to answer the questions posed in this case study as well as to use deductive and inductive logic to make inferences and pertinent observations regarding some of the lacunas in the case
That was an unsuccessful negotiation and a sign of desperation because she was going to lose a whopping sum of 40,000 dollars
Summary
Poem on Cindy Employer employs and deploys, Employee complies and criesFoul! Foul! Job a ruse, Not enough dough to use, Rope-a-dope,A ploy with entrapment, a decoy But remuneration full value received with much ado! Employer denies and decries charges, Blame it on psychological contract, It’s in nature of the game, On balance of probabilities, It’s a zero sum game, The die is heavily loaded, Always loaded in favour of power calculus, Kwesi Atta Sakyi et al.: Negotiating Employee Contracts Case Study Review Negotiations and Conflict ResolutionEmployer stands tall a winner, Cindy stands small a loser, Cindy Lopez, Cindy Loper, Cinderella, In cinders! Might is right; the vulnerable stands vanquished! The case study in question is about Cindy who had had a job with her employer for a considerable length of time (though the scenario was silent on how long ago before the decision four years ago to transfer her to a forlorn location in the desert), and getting to the expiry of the four year contract, there was no more contract for her as the economy was in recession, and she seemed to be in a panic mode, desperately looking for a job in an economy which had recorded dismal performance due to the sub-prime mortgage and financial crisis, and the impact of the Corona Virus (COVID-19) pandemic. The case study in question is about Cindy who had had a job with her employer for a considerable length of time (though the scenario was silent on how long ago before the decision four years ago to transfer her to a forlorn location in the desert), and getting to the expiry of the four year contract, there was no more contract for her as the economy was in recession, and she seemed to be in a panic mode, desperately looking for a job in an economy which had recorded dismal performance due to the sub-prime mortgage and financial crisis, and the impact of the Corona Virus (COVID-19) pandemic. From a bit of legal exposure from talking to their legal colleagues and students, they tried to be as critical as possible, as well as act like pocket lawyers
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