1. Identify and analyse legal issues that may arise in the context of employment and how such duties and obligations arise . 2. Evaluate the duties and obligations affecting the parties to an employment relationship and apply these to seek solutions to problems. 3. Conduct legal research and apply legal problem solving skills to employment law problems and reflect on this process. 4. Communicate legal analysis clearly and accurately.

Scenario: Assume we are in August 2021. You have just started working as Human Resources Assistant Manager at a company called Rongo Pharmacies Ltd(RP). RP runs Pharmacies across Auckland. Your manager, Tania Banks, has asked you to provide written advice on each of the following problems she is facing.

Part A

Dear [your name], August 12th 2021 In June 2021, the Director General of Health has put in place a vaccination order under the Covid-19 Public Health Response Act 2020 for all frontline staff who work in our pharmacies. Pharmacists working in pharmacies are clearly part of the order. Our pharmacists have until 1st September 2021 to get vaccinated. We have one pharmacist who works in our Sunnynook store, Jennifer Tooma, who is refusing to get vaccinated. I have told Jennifer repeatedly over the phone that she must get vaccinated in order to keep her job. During our conversations, Jennifer has refused to work as a remote pharmacist and insists that attending to customers in person is the only to do her job. Can you please outline for me the dismissal process for Jennifer? Please can you also outline the exact law I will need to refer to should Rongo Pharmacies have to dismiss Jennifer. Yours Sincerely, Tania

Part B

Dear [your name], August 16th 2021 On August 14th 2021, one of our employees, Joe Sharma, posted a Youtube video stating that covid-19 vaccinations would render anyone who takes them infertile and thus unable to have children in the future. The video has had several thousands views. In his video, he states that Rongo Pharmacies is part of a conspiracy theory to vaccinate minorities in New Zealand to decrease their population. We have been receiving several complaints from the public and our customers have said they want to change pharmacies and would never come to our pharmacies to get vaccinated. Please can you advise on whether we can dismiss Joe for posting this video on Youtube? My main concern is that he has posted this video outside of working hours. Yours Sincerely, Tania

Part C

Dear [your name], August 20th 2021 Since the beginning of August, Mary Zhang has been performing poorly at work. She has dispensed the wrong medication twice, and luckily the customer spotted the mistake on both occasions. On a third occasion, she incorrectly gave a stronger dosage of pain killers to an elderly male patient who almost died as a result. The customer's son was able to take him to the emergency room just in time. I have asked Mary if she was having any issues that were affecting her ability to do her job, and she said that she is currently separating from her husband and the stress of the situation means that she has been unable to sleep. She then explained that the lack of sleep is affecting her concentration at work. I would like your advice on this matter. Mary is usually an excellent pharmacist. However, I would like to know at what point we can dismiss Mary for being unable to do her job? A man almost died! Yours Sincerely, Tania