LDS 502 Summer 2019-Case Assignment 1- Seneca College
Choose one of the following cases for your report:
- Early morning on Tuesday, January 15, 2018, Cathy, a nurse at Eastlake Regional Health Centre, noticed one of the washrooms she intended to use had been occupied for some time. She knocked three times on the door, calling out “Is everything OK in there?” Not receiving an answer, and concerned someone might be in distress, she opened the door. Inside, she found another nurse sitting on the toilet with an ampoule of the painkiller Hydromorphone sideways in her in her mouth, a tourniquet on her arm, and a needle on the floor beside her. It was obvious the nurse in the washroom had just injected herself. Cathy immediately called for assistance, and later filled out a report detailing her role in the incident.
After this incident it came to light that the nurse Cathy discovered in the washroom, named Lisa, had been using Hydromorphone for over two years, stealing it from the hospital’s medical supply and falsifying record to cover her actions. For instance, Lisa had created false reports indicating a hospital resident had received Hydromorphone when in reality she was using it herself, and sometimes selling her extra supply on the street.
Confronted by Eastlake management, Lisa, a 45-year old mother of two, initially denied her actions, but later admitted that she had begun abusing painkillers after treatment for a back ailment. She expressed remorse, and revealed that she believed herself addicted. About a month later, Eastlake fired Lisa for gross misconduct.
Lisa’s union grieved her dismissal, and the meeting went to arbitration. At her hearing, Lisa admitted she had been using and selling drugs she stole from the hospital, and falsified medical records. However, she noted she had stopped using immediately after being discovered by Cathy and had entered rehab.
Eastlake’s representatives at the hearing argued that Lisa’s dismissal was not based on her drug use, but for theft and record falsification, abuse of patients, and breach of trust. They emphasized the need to trust nurses to work independently, and that allowing Lisa’s behaviour would pose “undue hardship” of the hospital.
The arbitrator did not support Eastlake’s argument. She ruled that Lisa should be reinstated and compensated financially, including general damages for “injury to dignity, feelings, and self-respect.”
- Jerry has a Ph.D. in environmental science and extensive work experience in the filed. After he immigrated to Canada from Poland, he was unable to find a job suitable to his education and experience.
Desperate to obtain suitable employment, he applied for one of four entry-level environmental administration roles with Deep River Management. Although Jerry was one of the best qualified candidates, the recruiters at Deep River decided he was not suited to the role because he was overqualified. The recruiters believed Jerry would be bored and only stay until he found a better opportunity. Indeed, as part of Deep River’s new recruitment policy, recruiters were pressured to help reduce employee turnover, and so they believed they were making the right call about Jerry.
Jerry felt he was well qualified and the interview process had gone very well. He was disappointed when he was told he did not get the job. He proceeded to file a complaint with the Ontario Human Rights Tribunal.
The Tribunal found in Jerry’s favour, awarding him $10,000 for pain and suffering, but denying his request to be compensated for three years worth of lost earnings at $60,000 per year. Jerry appealed, and the Ontario Court determined the decision be sent back to the Tribunal for reconsideration regarding the appropriate remedy.
1. What are the main issues raised by the case?
2. What are the competing claims? How have they/might these be argued by the plaintiff and defendant?
3. Which law(s) are called into play by the case? How? That is, according to what articles/sections of the laws(s)?
4. What is any are the mitigating factors of the case?
5. How would your team decide the case? When rendering your decision, what facts/factors would you foreground? Why?
6. Are there any issues raised by the case that have significance for the
interpretation and application of employment law? How?
7. For an example of how facts of a case are noted and weighed, and ecions
rendered, please see:
LDS 502-Summer 2019-Case study assignment 1 –Seneca College assignment help
In this assessment task there are two case studies which are given. The student is required to choose one of the case studies. After reading is thoroughly you have to answer six questions which are mentioned in the question paper. If you want to find out the way a case study is noted and also weighted then you can refer to link given in point7.
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