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Ben and Jerrys Taste Tester gone Sour. Joe Tiredworking. works for Ben &Jerry Ice-cream Company. His position at B&J is a taster/new product designer. He

Ben and Jerrys Taste Tester gone Sour. Joe Tiredworking. works for Ben &Jerry Ice-cream Company. His position at B&J is a taster/new product designer. He has been employed with B&J for 8 + years. During his time with B&J his attendance record is as follows. 2014-2019 great attendance fell within the E DAY allotment no attendance issues. 2020- He was absent for 23 days. Each absence was either single in incident or two days together. There was no specific pattern to his absence. He provided documentation from 6 different medical professionals to support his attendance issues. 2021- He was absent for 37 days for purposes of family emergency, personal emergency and transportation issues. For each absence/occurrence he provided documentation. 8 different sources were used to support. (Medical/day care provided/school administrator mechanic). These absences had more of a pattern however nothing concrete. 2022- Joe recently competed for a supervisor position in the production department; however, he was not the successful candidate. There were many issues which contributed to his shortcomings toward the competition. (Attendance, lack of experience in production, previous documentation given to his current manager regarding previous back issues/- WSIB claim from another employer) No lifting over 5lbs and no standing longer than 20 minutes in one position. Throughout all of Joes absences he has always followed the protocol of calling in to report his absence following the current 4 hours min. prior to start of shift. He has always brought in documentation to support, even though the leave of absence /sick time policy states that less than 3 consecutive days warrants medical/or supporting documentation. This may change if reasonable doubt around absences is illustrated. The manager designate will provide you notice if documentation is required outside of current policy. On February 2, 2023, Joe reported his absence to his managers voice mail stating he was unable to return to work until further notice. He stated he would provide documentation as soon as possible. In addition, he was hurt from work and when he did return he would need a fair amount of accommodations to support his absence. Many calls were placed from Feb 3- 18, 2023 without return calls or contact. No documentation was provided. On Feb 21, 2023, a registered letter came to the HR department with the following message. Joe will not be returning to work until further notice. He is ill and until he receives the necessary medical services he will not be working. Accident/injury was caused by work. Signed Mrs. Mary Tiredworking. HR continued to try to make contact with Joe however little information during any contact was provided. March 1, 2023, a medical note was received stating Medically Joe Tiredworking will not be returning to work, until accommodations have been made to hours of work, and type of job Joe performs. March 20, 2023, An e-mail came from Joes personal account stating he hadnt received contact from the employer so he was unsure when his next scheduled shift was and what new job he would be performing. March 22, 2023. A letter from a chiropractor was received via fax stating the below restrictions. Only work 4 hours a day 6 months Can only stand for 20 minutes per hour. Cant work in a stressful environment. No lifting, bending /climbing ladders or walking more than 3 feet for any one activity. Requires a paid break every one hour of work for 10 minutes. Will be returning to work effective April 25, 2023. Only working 3 days a week (Tues- Thurs) Must spend 4 days off work each week to be with his family for emotional support. WSIB claim # 123368748889A SIDE NOTES Additional Information. One of the Managers is his Facebook friend, stated he saw pictures date stamped January 16, 2023, with Joe and some other employes on the production floor having chair races @ 11:57 p.m. Another employee saw Joe working as a referee for the soccer association during a recent indoor tournament in Stoney Creek. Ben and Jerrys was billed for the all the medical documentation Joe provided since February 2023, included was the cost of the registered letter Joe sent the company.

QUESTIONS

What are the issues?

What needs to be addressed? -What actions would you take as the DM specialist

How would you manage the WSIB claim?

What type of RTW schedule would you provide? -what type of support would you require and request from Doctor?

Would you support any accommodation and how ?

Do you want him back to work? How will we get him back to being a productive loyal employee?

What would you do if you dont want him back to work? What/how would you address this to the CEO of the company?

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