Problem 1: To what extent do you believe that people who lie on job applications should be fired without the usual requirement of reasonable notice? Does the situation change, in your view, if the applicant lied about something like a disability, for which the employer is not supposed to reject an applicant but might?
Problem 2: Which of the two approaches to assessing medical evidence to establish an employee's future ability to return to work is the correct one in your view, and why?
Problem 3: In your view is it reasonable to imply a term that the employer can transfer your work location, within reasonable parameters, without giving rise to a fundamental breach? Under what conditions do you think that such a transfer might be reasonable, if at all?
Problem 4: Do you believe that those who work for a government employer have better workplace protection than those who do not? Explain. Consider a number of things, including page 259, the McKinney decision on page 263 box 20.3.
Problem 5: Consider the following: Consider the cost factor in determining whether the standard for undue hardship has been reached. According to the standard, the cost of an accommodation must threaten the very viability of the enterprise.
Do you agree that the standard should be so high or is a lesser standard called for? And if so, what ought the standard to be and why? Be familiar with the factors of undue hardship, and consider box 29.5 on page 391.
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