Clara was hired on a four-month fixed-term contract to perform crisis response work, including responding to calls
Question:
Clara was hired on a four-month fixed-term contract to perform crisis response work, including responding to calls from area hospitals to assess and provide support for persons who presented as being in crisis. She was terminated after eight weeks in the position because, the employer alleged, she was unable to perform essential parts of the job. For example, she was unable to respond quickly to verbal and non-verbal clues commonly found in individuals who are in crisis.
Before her termination, the employer had raised its performance concerns, but Clara told them that she was taking medication for epilepsy and among its side effects was an occasional difficulty with words and delays in completing tasks. However, when asked by the employer if she needed accommodation, Clara had said there was no need. When her performance did not improve, despite several poor performance reviews and a final written warning, the employer terminated her contract. Clara grieved her dismissal.
Questions:
1. What is the prima face issue in this case? (1 mark)
2. Do you think Clara's grievance would be successful? Why or why not? You need to discuss the case happenings and link them to your answer. (3 marks)
3. Provide a link to a persuasive case that could be used to back up your Q2 answer. (1 mark)
Applied Regression Analysis and Other Multivariable Methods
ISBN: 978-1285051086
5th edition
Authors: David G. Kleinbaum, Lawrence L. Kupper, Azhar Nizam, Eli S. Rosenberg