Question
Tayi works for a large accounting firm (LAF) as a junior accountant in the tax division. Hera is Tayi's manager. Hera thinks that Tayi does
Tayi works for a large accounting firm (LAF) as a junior accountant in the tax division. Hera is Tayi's manager. Hera thinks that Tayi does not take her job seriously enough. Tayi spends a lot of time on social media and dating apps during work and she is quite slow at handling client queries. Tayi applies for one week of annual leave in early April. Hera says that this is impossible; this is the busiest time of the year for the tax division as client tax returns must be filed by 18 April
On 12 April Tayi calls in sick. She says that she has a severe migraine and will not be in to work. Some months later, Hera learns that Tayi was taking part in a fishing competition that day. Hera writes a letter to Tayi which states the following.
"Dear Tayi It has come to my attention that you lied about your reason for missing work on 12 April. This, combined with your general laziness and inattention to work has made me doubt that you have a future at LAF. You are required to attend a meeting with me and the Human Resources Manager in my office at 10 a.m. tomorrow. You should be aware it is very likely that your job will be terminated at the conclusion of this meeting. You may bring a support person with you if you wish."
Tayi attends the meeting. Hera asks her if she has anything to say about the fact she was at a fishing competition when she said she had a migraine. Tayi says that she did have a migraine and she would not have been able to concentrate enough to work that day. She was only able to cope with the fishing competition because fishing is a quiet activity. In response to Hera's comments that she is lazy and inattentive at work, Tayi says that she feels her job performance is at the same level as the other junior accountants and that if she had known she was not working fast enough, she would have tried harder.
At the end of the meeting Hera says "As a result of your serious misconduct I have no choice but to fire you. You have half an hour to collect your belongings and leave the building." Four weeks later Tayi has not been able to find another job. She feels angry and humiliated about how Hera treated her, and she asks your advice on whether she should bring a personal grievance.
Required: Apply the law to the facts and discuss whether Tayi is likely to succeed in a personal grievance for unjustified dismissal. Also, explain the remedies that might be available should she succeed.
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