← All questionsGS4 · 2017 · Case Studies — Private Sector ·Drunk Worker's Death and Compensation (Case)
QUESTION 11
GS4
20 marks

You are the head of the Human Resources department of an organisation. One day one of the workers died on duty. His family was demanding compensation. However, the company denied compensation because it was revealed in investigation that he was drunk at the time of the accident. The workers of the company went to strike demanding compensation for the family of the deceased. The Chairman of the management board has asked for your recommendation. What recommendation would you provide the management? Discuss the merits and demerits of each of the recommendations.

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14 min
250 words

What the examiner wants

Recommend a fair HR response when a drunk worker dies on duty and workers strike for his family.

Case studyName the stakeholders and the issues, weigh the options, and say what you would do and why.

Demand-wise check

  1. 1Stakeholders: deceased's family, workers, management, shareholders, chairman≈50 words
  2. 2Ethical issues: legal liability vs compassion, discipline vs humanity, industrial peace, precedent≈50 words
  3. 3Options: deny (consistent but harsh, strike continues); full compensation (peace but may signal tolerance of drinking); ex-gratia humanitarian aid plus job for a dependant without admitting fault, with strict anti-alcohol policy (balanced)≈50 words
  4. 4Recommendation: legal compensation as required, ex-gratia support, de-addiction and safety measures, dialogue with union≈50 words

Open in about 30 words and close in about 30.

Answer plan

StakeholdersIssuesOptions with merits/demeritsRecommendationSystemic reformConclusion

Where marks usually go

  • Assuming drunkenness removes all liability
  • Ignoring the strike and workers' dialogue

Draw this

  • Options table with merits and demerits

Value addition

  • LawUnder Section 3 of the Employees' Compensation Act, 1923, the drunkenness exception applies only to injury not resulting in death or permanent total disablement; for death, the employer remains liable.Employees' Compensation Act, 1923
  • ThinkerKant: treat persons as ends, not means; the family's dignity matters regardless of fault.Immanuel Kant

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