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DISABLED WORKER TAKES ON EMPLOYER OVER DISMISSAL

Labour Laws

A 33-year-old disabled full-time worker was dismissed after having worked for more than four years in a rehabilitation unit for disabled patients. She took her employer to labour court, accusing them of acting against labour legislation.

She was informed that there were 'concerns' about her ability to care for patients and was given her final pay cheque on the same day. The employer argued that her dismissal was fair, that they are inclusive and always act in the best interest of all their workers.

[Adapted from https://www.medicalbrief.co.za/. Accessed on 10 September 2020.]

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Task: Write an essay on labour laws.

Use the following as a guideline:

1. Identify the relevant Labour Law that applies to the scenario above.
2. Give THREE possible reasons why the dismissal could be regarded as unfair.



Answer :

GinnyAnswer

Final answer:

Labor laws protect disabled workers from unfair dismissals under the American with Disabilities Act of 1990 (ADA). Failure to provide accommodations, discrimination based on disability, and violations of labor laws are potential reasons for deeming the dismissal unfair.


Explanation:

The relevant Labour Law that applies to the scenario above is:

American with Disabilities Act of 1990 (ADA) which prohibits discrimination in employment against individuals with disabilities if they are otherwise qualified to perform their jobs with or without reasonable accommodation.

Three possible reasons why the dismissal could be regarded as unfair:

  1. Failure to provide reasonable accommodation: If the employer did not consider providing reasonable accommodations to enable the worker to continue her job duties.
  2. Discrimination based on disability: If the dismissal was solely due to concerns about the worker's ability to care for patients related to her disability.
  3. Violation of labor laws: If the employer did not follow proper procedures or provide valid reasons for the dismissal, breaching labor laws protecting disabled workers.

Learn more about Labor laws and protections for disabled workers here:

https://brainly.com/question/43250316


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