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WEEK 4

Activity 3.4
03/08/2024

DISABLED WORKER TAKES ON EMPLOYER OVER DISMISSAL

A 33-year-old disabled full-time worker was dismissed after having worked for more than four years in a rehabilitation unit for disabled patients. She took her employer to labor court, accusing them of acting against labor legislation. She was informed that there were concerns about her ability to care for patients and was given her final paycheck on the same day.

The employer argued that her dismissal was fair, that they are inclusive, and always act in the best interest of all their workers according to the company's values, vision, and purpose. [Adapted from www.medicalbrief.co.za]

Questions:

3.4.1 Identify the relevant labor law that applies to the scenario above and give TWO possible reasons why the dismissal could be regarded as unfair.
(1 + 2) (3)

3.4.2 Discuss THREE possible reasons why a worker could be fairly dismissed.
(3 x 2) (6)

3.4.3 Recommend TWO ways in which disabled people, like the worker in the scenario above, could protect themselves from unfair dismissal. In EACH answer, also indicate how each way could help to promote inclusivity of disabled persons in the workplace.
(2 x 3) (6)

Sagot :

GinnyAnsweridn

Final answer:

The answer addresses relevant Labour Law, reasons for fair and unfair dismissal, and recommendations to protect against unfair dismissal and promote inclusivity.


Explanation:

3.4.1 Identify the relevant Labour Law: The scenario described pertains to the Americans with Disabilities Act (ADA) of 1990, which prohibits employment discrimination against qualified individuals with disabilities.

3.4.1 Two possible reasons for unfair dismissal:

  1. Discrimination: Dismissing the worker solely based on her disability without reasonable justification.
  2. Failure to provide reasonable accommodations: Not making necessary adjustments to enable the worker's job performance.

3.4.2 Three possible reasons for fair dismissal:

  1. Poor job performance: Demonstrated inability to fulfill job responsibilities effectively.
  2. Misconduct: Engaging in behavior contrary to company policies.
  3. Lack of qualifications: Not meeting the necessary standards for the job.

3.4.3 Recommendations to protect against unfair dismissal:

  1. Document job performance and accommodations: Keeping records can provide evidence in case of disputes and promote transparency.
  2. Seek assistance from legal resources: Consulting with legal experts can ensure knowledge of rights and recourse options, fostering inclusivity.

Learn more about Labor Law here:

https://brainly.com/question/31711896


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