Legal Case Study-2
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Harvard University *
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1000
Subject
Law
Date
Jan 9, 2024
Type
Pages
2
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Legal Case Study
Q3: Do you agree with the complainant that this issue is of concern for the employer? Do
you think that this complaint would be successful under the law? Explain (five points)
I agree with the complainant that the issue raised is of significant concern for the employer. In
this instance, the worker was fired because of repeated absences related to mental health
conditions, including severe depressive disorder and generalized anxiety disorder. Human rights
legislation recognises mental health disorders as disabilities. Axton, the employer, ought to have
recognised its obligation to provide reasonable accommodations for the worker's limitation and
should have established a work environment that promotes mental health and wellbeing. The
worker's willingness to share his mental health concerns and provide medical information,
indicates a sincere attempt to communicate and seek accommodations from the employer,
strengthens the complainant's case.
Employers are required under human rights law to provide accommodations for disabled
workers, provided that doing so would not cause undue hardship. The employer's apparent
disregard for the employee's attempts to clarify the relationship between the frequent absences
and mental health issues raises questions about the employer's willingness to fulfil its duty to
accommodate. The lawsuit would be successful in court as it could be proven that the employee's
mental
health
condition
was
the
main
reason
for
the
termination
and that appropriate
accommodations were neither considered nor put into place. The employee's right to be free from
discrimination based on disability should have been prioritized, emphasizing the employer's
responsibility to engage in meaningful accommodation processes.
Q4: If, as a Human Resources Professional working for the organization, you decided to
address this complaint or if you were ordered to do so by an adjudication, what steps would
you take in the workplace/organization? Mention the legal terminology that relates to your
approach. (five points)
As a Human Resources Professional tasked with addressing this complaint or responding to an
adjudication order, the following significant steps should be taken in the workplace/organization:
-
Initiate the interactive accommodation process, as required by human rights law. To
address the employee's mental health disability, the employer and employee must work
together to design and execute reasonable accommodation solutions. Employ the legal
phrase "interactive accommodation process" to highlight the necessity of open discussion
and teamwork.
-
Keep complete documentation of the accommodations process. This includes minutes
from meetings and conversations, suggestions for modifications, and any changes made
to the worker's workspace. Accurate documentation can be used as evidence in court and
is essential to showing the employer's willingness to fulfill its responsibility of
accommodation.
-
Provide management and staff training sessions on human rights legislation, including
the obligation to provide reasonable accommodations.
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