Anita has been working for Haunque College (a non-unionized workplace) as an instructor for ten years. Until this past year, she has had no performance issues or record of discipline. Beginning September of this year, she has had a significant number of absences. HR has been advised that her absences have to do with a medical condition. Anita's manager wants to know exactly when Anita can be expected to return to work on a regular, full-time basis. Anita does not know; her doctor has advised her to take the next academic term off. Feeling increasingly pressured, Anita tells her manager that she should be able to return to a regular schedule "soon", hoping that she will feel better after the break between fall and winter semesters. Instead, she feels worse and is forced to take time off, starting early in the next term. Her manager has asked HR whether Anita's employment can be terminated for dishonesty, or for absenteeism. In the manager's view, Anita's absenteeism had caused the College undue hardship. The manager contacts Anita repeatedly is forced to take time off, starting early in the next term. Her manager has asked HR whether Anita's employment can be terminated for dishonesty, or for absenteeism. In the manager's view, Anita's absenteeism had caused the College undue hardship. The manager contacts Anita repeatedly while she is on leave, and asks her to help prepare lesson plans for a substitute in January. Anita is starting to feel harassed and thinks that she may have to quit her job. a If you were in HR at Hanque College, would you advise the manager to terminate Anita's employment contract? Choose the answer that will best avoid a lawsuit. Select one: a. Yes. The college is experiencing hardship and has the right to terminate. O b. No. There is no clearly evidenced breach If you were in HR at Hanque College, would you advise the manager to terminate Anita's employment contract? Choose the answer that will best avoid a lawsuit. a Select one: O a. Yes. The college is experiencing hardship and has the right to terminate. O b. No. There is no clearly evidenced breach of the employment relationship to an extent that would justify termination of employment. Oc. Yes. Anita's employment can be terminated for just cause, based on absenteeism. O d. No. Absenteeism and dishonesty can never be "just cause" for dismissal. e. Yes. Anita has been progressively disciplined with no improvement. What are Anita's rights and responsibilities with respect to her medical leave? Select one: a. Anita has the right to take an indefinite leave (as long as she would like) without losing her job. O b. Anita has the right to take a job-protected leave for up to 5 weeks, and the responsibility to provide a medical certificate. Oc. Anita has the right to call her supervisor, and the responsibility to assist her supervisor however possible during Anita's medical leave. O d. Anita has the right to take a job-protected leave for up to 16 weeks, and the responsibility to provide a medical certificate. What legal issues are apparent in this scenario? Assume that Anita has not been dismissed from employment Select one or more: O a. Privacy rights b. Disability/human rights O c. Termination for cause (culpable absenteeism) O d. Innocent absenteeism Oe. Workplace harassment and violence Of. Bona-fide occupational requirement (allowing discrimination) O g. Constructive dismissal due to harassment (hostile work environment) Oh. Wrongful dismissal due to harassment (hostile work environment) oi. Grievance - violation of collective agreement Oj. Tort of allurement What could the employer do to improve this relationship? Select one: O a. The employer could show care and compassion, stop asking Anita to work during leave, and communicate with Anita and her doctor about Anita's return to work O b. The employer could give Anita reasonable notice and terminate the employment relationship The employer could increase communication with the employee; the manager could keep in touch daily. O d. The employer can't do anything to redeem this employment relationship. O c. If Anita were disciplined in a unionized work environment, what might be different? Select one: O a. The union would take this matter straight to court O b. The union could file a grievance if the discipline violated the collective agreement O c. The union could call a strike vote. O d. The union would ask politely for a meeting with the manager and HR, and then raise their concerns. O e. The union context would not fundamentally change this situation. What could the worker do to improve the employment relationship? Keep in mind that the relationship should be healthy for both parties. Select one: O a. The worker cannot do anything in this situation. It is hopeless. O b. The worker could the preparatory work that her manager requested or return to work immediately. O c. The worker could provide clear medical information to HR, and follow the employer's policies for leaves. O d. The worker could quit her job