CASE # $2$ Employment Law

Adele, head of human resources at Techstellung, was becoming concerned about Roza$$s work ethic. Roza had been with the company for five years and had been a competent if not stellar employee. However, following a bicycle accident several months ago, Roza$$s attitude toward her manager and her work had changed. For the past four months Roza seemed to take short breaks often and no$-$one knew where she went. When she returned, there was a peculiar odour that came from her breath and on her clothes. Roza$$s co$-$workers were complaining that she was not doing her share of the work anymore and they were having to cover for her. Roza$$s supervisor recognized the mystery odour as marijuana and tried to speak with her about her behaviour. Roza told him to $$take a flying leap off a tall building$$ followed by some muttered words making rude suggestions.

As a result of the supervisor$$s report on Roza$$s use of marijuana during work hours and her attempted conversation with Roza, Adele decided it was time to cut Roza loose and terminate her employment. Adele called Roza into her office and gave her the news that she was terminated immediately because of her conduct, her use of drugs during work hours, and her display of lack of respect to her manager. Further, there would be no termination pay. Roza became very upset and angry and claimed she was being unjustly treated due to her medical condition. Roza said her doctor had prescribed the use of marijuana to deal with intestinal problems that arose following her bicycle accident and now she was being fired for following her doctor$$s orders.

Questions:

Outline the issues raised by this fact situation for both Techstellung and for Roza. $(5$ marks$)$

Advise Adele as to the proper process to be followed in this case. $(5$ marks$)$

Would your advice to Adele change if Roza were not using marijuana under a doctor$$s prescription? If so$,$ explain what changes you would make in your advice to Adele. $(5$ marks$)$