This assignment focuses on the Human Rights Code and the duty to accommodate. As labour relations practitioners or employees in a supervisory capacity, you will be presented with the growing and prevalent issues surrounding reasonable accommodation in the workplace. This case explores how an accommodation may surface, the conflicting needs of the parties, and whether duty to accommodate has been met and/or undue hardship reached.

1. Obtain a copy of your works Disability Management Program Policy, Reasonable Accommodation Policy, or related applicable policy. If this policy is not available to you, you may use the sample policy available at the following link:
   • Reasonable Accommodation in Employment Policy1
2. Read Case Study 1 in the Assessment Information widget.
3. Ensure you keep detailed notes on the main issues and different incumbents involved in the case.
4. Write a report to management. Your report should be as concise as possible, while providing the pertinent information to support your position. Your report should be between 500-750 words.
   1. Provide citations for the relevant sections of the Act and provide a copy of the policy (or policies), citing the sections referenced. Please note that this policy document does not count towards your total word count.
   2. Include a brief overview of the issue they are confronted with.
   3. Describe your strategy for resolving the issue, based on the company policy and procedures, within the bounds of the collective agreement.
   4. Explain your conclusion as to whether undue hardship has been reached with accompanying rationale.
   5. Provide a list of references to any resource that you used to write your report (including the textbook).

You are the Labour Relations Officer and John Anderson, Maintenance Manager from PS Hospital, has contacted you today for assistance. He is having performance issues with an employee, Kelly Smith. He shares the following:

Kelly has been in the housekeeping position since March 2019. Kelly did well during the orientation, but by the third week of March, there were some issues (i.e., forgetting to lock office doors, areas were not being cleaned on a consistent basis). These issues were reviewed with Kelly, and she assured John that she would do better. The same issues resurfaced again (areas not being cleaned properly) over the next 3 months, were addressed with Kelly, and she redid the work.

John pulled Kelly Smiths personnel file. She had been with PS Hospital for over five years. She started as a casual employee and secured a permanent housekeeping position in the union. On her application, she disclosed that she suffers from depression, and she provided a list of the medication she was on. She does not have any discipline on file and has never received a performance evaluation.

In December, it again became very evident that Kelly was struggling with her tasks (forgetting to lock office doors, not available when needed, found in the custodial room reading a book when it was not break time). John inquired if there was anything wrong, including questioning if it was a medical issue or if the job was too difficult. Kelly denied that there was anything medically wrong and assured John she was capable of doing the job.

The situation remained unchanged in February, 2020. Kelly has shared her designated work areas are clean, because she is sweeping and wiping, however the standards of MRHA need to be met. When a floor is being swept, the entire floor needs to be swept, not just the middle or the easy to reach areas. When a meeting room is cleaned, all areas need to be wiped and the floors swept and washed; it is not just empty the garbage can. When a bathroom is cleaned, the toilet stains need to be properly cleaned, and all areas need to be washed, including around the toilet and under the garbage can.

One particular manager, Betty, was very vocal about Kelly and her performance. She has witnessed Kelly simply pushing her cart past her office and commented that Kelly often appears to be in a daze. When John followed up with Kelly, Kelly shared that the office was locked, and she didn't have a key. John followed up with the Betty and ensured the office would remain open for cleaning. He revisited the situation with Kelly and reminded her she was to report any issues she encountered immediately, including having access to the areas to be cleaned, for resolution. John also noted that the manager Betty was not the most pleasant.

The complaints continued, including reports that Kelly was not properly cleaning the staff room, including wiping down the kitchen counters. A staff member brought in some disinfecting wipes from home, and staff were cleaning after she left. Kelly was witnessed taking a dirty rag and swiping the counter twice. There were coffee rings on the counter a few inches from her rag, which she missed cleaning. She simply returned to her cart and moved to the next area.

John met with Kelly again. She mentioned that depending on her shift, she wasn't sure which offices and areas needed to be cleaned. John ensured that Kelly was provided with the schedule and task lists. He proceeded to schedule additional orientation for Kelly to ensure she knew the procedures for cleaning, including the use of disinfectants and sterilization. John wanted to make sure Kelly had the tools and skills to perform her job satisfactorily. Things improved for a few weeks.

John received a few more complaints and was getting very frustrated. He didn't have time to spend all day supervising one employee. Each time, Kelly didn't recall missing anything. She claimed she carries her schedule and tasks with her each shift and checks them off to ensure they get completed. She did mention she had changed drugs and was feeling better now. John reminded Kelly of the expectations and importance of her role. Over the course of the next month, John shared he would be completing random follow-ups on Kelly's work.

At the beginning of April 2021, John scheduled a meeting with Kelly to review the concerns regarding her work performance and to query if there were any changes to her health that may be impacting on her performance. Kelly replied no.

John shared a sample of Kellys work performance on March 27, 2021:

• March 27, 2021 Time 0915

  Checked with Kelly for areas confirmed as cleaned this morning and ready for review. Public bathroom #1: the edges of the sink are dirty, there are stains on the counter, the garbage can has several coffee stains on the front of it; Public bathroom #2: the edges of the sink are dirty, there are stains on the counter, the mirror has numerous stains, there are red loose flecks and other debris inside the sink, and the area around the taps is dirty. When I asked Kelly why there were still so many dirty areas that were not acceptable, she responded, "I must have missed it."

  Meeting Room: The counter top and sink have stains, the coffee maker top has water and coffee stains; there is coffee ground around the base of the coffee maker and on the counter top. When I asked Kelly about this area, "can you see the things I am showing you," she said "yes, now that you are moving things and showing me." I asked her if there was a reason that she did not notice these things on her own. Her response was, "I wipe what I see, and what I think is dirty. I did not think that the rest of the area was dirty." When I moved the brush and dish soap and showed the stains/crumbs that were under and behind it to Kelly, her response was, "that's not very dirty." I reminded Kelly of the reasons for and the importance of good daily cleaning, and also the importance of maintaining infection control standards to keep the workplace attractive and safe. I informed Kelly that these areas needed to be re-done. I would be back later to check again. Kelly says, "I'll do them right away."

  March 27, 2021 Time 1115 Recheck Kelly confirmed that she has re-cleaned the above noted areas.

  Public bathroom # 1: There are still stains on the counter top and around the outer edges of the sink.

  Public bathroom # 2: The only thing that appears different from the earlier check is that the red flecks inside the sink are gone. I pointed out to Kelly that there are still stains, and Kelly said these are water stains and do not come off. I showed her the Crme Cleanser, applied the Crme Cleanser with some firm friction, and the stain goes away.

An emphasis was placed on Kelly's bathroom cleaning skills. Rooms/offices should be cleaned in a way to protect the occupant from harmful microorganisms that could make them ill. Bathrooms have an environment for bacteria growth, and body excretions are a source of bacteria and can be easily transmitted from one person to another in an unclean bathroom. Kelly was advised of the numerous complaints, including from the general public. A clean environment improves the perceived health and wellbeing of the occupant by providing a safe, orderly, and attractive environment. In the eyes of the occupant, the general public, a clean environment contributes to good public relations regarding the facility.

Recommendations discussed at the meeting included adding a time column list to the Daily Cleaning Checklist, so that Kelly could document the time that she completed a task, and re-orienting Kelly to her housekeeping duties. Both these recommendations have been completed.

John schedules a follow-up meeting with Kelly to review her performance on week three. Although it has not yet been a month, John has significant concerns he needs to address with Kelly that can't wait. John reviews the concerns he has, which are incomplete tasks and the lack of infection control procedures. He has reviewed the strategies to date that he has used to support Kelly to be successful. John asks Kelly if there is anything more we can do to assist her to be successful, because he needs to see immediate and significant improvements. Kelly said there is nothing. Kelly was specifically asked if there were any issues that she had not made us aware of that may be impacting her performance. She again replied there was nothing. Kelly's affect was flat, and she didn't seem to understand the seriousness of the situation. The meeting was suspended. Kelly was placed on sick leave, and a John requested a medical note to assess Kelly's fitness to perform her duties. A letter was provided to Kelly to take to her physician, which read as follows:

• Whenever possible, MRHA is committed to providing modified employment to its employees following a disability, injury, or illness. To determine what duties are appropriate for this employee, MRHA is requesting a review of the following documentation:

  • Job Description;
  • Job Hazard Analysis; and
  • Employee Performance Appraisals (if released by employee).

  In the context of this information, please provide the employee's most current abilities, restrictions, and/or limitations to ensure a successful and safe transition back to work for herself, her co-workers, and MRHA clients.

Kelly was encouraged to contact her union for supports and resources.

The union was contacted and provided with notice they may get a call from a member and the nature of the call.

John received a medical report that supported Kelly's absence from the workplace for health reasons.

Kelly commenced a graduated return to work after a three-month absence. She freely shared that her medication had been adjusted, and she was fine. The first few weeks went well, and then the complaints began. A meeting was called with Kelly, her union representative, and the manager. There were concerns that Kelly was feeling as though she was performing her duties adequately.

At the review, Kelly was informed that she was not meeting the standards of performance, and that her work performance needed to improve immediately. John shared that on a daily basis he has reviewed areas that Kelly has confirmed that she had cleaned. The same cleaning issues that were identified on the last work performance review have not changed. Despite the constant reinforcement of housekeeping principles, practices, and procedures, Kelly's cleaning remained unacceptable. When Kelly was questioned as to why certain areas were wiped and other areas were left, her responses were:

• "I use my own judgment. If it doesn't look dirty, I don't clean it."
• "I must have missed it."
• "I didn't see it."
• "I don't remember."
• "I'll do it again."

The union caucused with Kelly. The meeting ended with Kelly returning to her physician for a fitness to return to work assessment.

Kelly returns to sick leave for three months, before being medically cleared to return to work. John is not so sure. He is not confident that Kelly can be relied on to follow infection control procedures consistently. John comments, "We already tried her back, and it didn't work. It is a scheduling headache if she can only fill certain assignments. Her co-workers don't want to be paired with her, as they have to do part of her work."

PS Hospital is one of 4 hospitals, 30 Personal Care Homes, and the regional office of the Mercy Regional Health Authority, which is comprised of 5500 employees and has a budget of $97 million.

(Please provide full answer with citations)