Assignment
B.C. employer fails to do homework on worker's absenteeism
A British Columbia employer discriminated against a worker when it terminated him for absenteeism after it should have known that a mental disability was in play, the B.C. Human Rights Tribunal has ruled. And it's a reminder that employers should be alert to their duty to accommodate even if an employee is reluctant to reveal such a disability, says Nicole Toye, a partner with Harris and Company in Vancouver who practises employment law. Manufacturing company in B.C. Axton is a heavy industrial manufacturing company based in Delta, B.C., that makes steel products such as pressure vessels, machine parts, ladders, and platforms. In January 2019, Axton hired the 34- year-old worker to be a fabrication shop helper. The worker was diagnosed with generalized anxiety disorder and major depressive disorder in early 2018, but a year later he felt his mental health was improving and he joined Axton. Axton had an attendance policy requiring employees to notify their supervising foreman if they were going to be absent. The worker started on Feb. 5, 2019. On his fourth day, he left work early because he was having stomach issues related to stress and anxiety. The following week, he left work early again, but only said that he had an emergency. The worker was absent three times due to mental health issues over the next eight days and he didn't notify anyone before the first two. After the third time, he emailed management saying he had two flat tires and the first two absences were because of stomach or personal issues. A couple of weeks later, the worker was absent again and didn't report it. He was absent the next day as well, but he emailed his supervisor to say he had food poisoning. By the third day, the worker's food poisoning exacerbated his mental health issues and he missed work again. In an email, he offered to provide a doctor's note and to discuss things further. The worker was referring to his mental health issues, but the supervisor thought he meant that the food poisoning was still a problem. The worker was absent for a fourth consecutive day after having a breakdown but didn't contact Axton. When he returned on March 18, he ended up leaving early due to his depression and anxiety, although he only mentioned stomach issues. Not a good fit By the beginning of April, Axton management determined that the worker's frequent absences without notice were impacting projects that the company was working on. They determined that it wasn't working out and, since the worker was still on probation, they should terminate his employment. Since the worker was still absent, the operations manager emailed him on April 3 to ask how he was doing. The worker contacted the HR department and the operations manager to say that he was dealing with mental health issues and he needed some time to sort things out. 2 Human rights complaint Axton didn't seem to understand that the worker meant that his absences were connected to mental health issues and it believed that he was making an excuse. It terminated his employment effective April 18. The worker then filed a human rights complaint alleging discrimination based on disability. The worker was reluctant to reveal his mental health issues and usually gave other reasons for his absences, but shortly before he was terminated he explained his condition and offered to provide medical information. However, Axton continued with its plan to terminate the worker, said the tribunal.
Task
Based on your readings of your assigned articles, the content of the textbook and your own interpretation, answer the following questions on Blackboard. Note the point value of each question. Point form is okay.
A. Summarize the article and outline the main facts.
B. Discuss the purpose of Human Rights legislation and its importance for workers. Since human rights in the is the source of the complaint, indicate which prohibited ground the individual is challenging and make the connection.
C. 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.
D. 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.