Assignment 1: Tim’s Horton’s gets roasted 1 Assignment 1 Tim Horton’s gets roasted Noof Al-Hajri- 60074798 Mariem Hadded- 60083631 HN2140: Attendance and Disability Management – Section 2 Instructor: Elizabeth RideoutAssignment 1: Tim’s Horton’s gets roasted 2 November 1, 2018 The original plan was not reasonable in its design or administration in this case because Tim Hortons did not refer to the Qatar Labor Law article 14 when they made the decision to terminate Noor. Tim Hortons should refer to the Labor Law 14 before making any decision against an employee in order to avoid any violation regarding employee rights. Tim Hortons did not specify the real reason when they made the termination decision against Noor.
Also, the termination decision was not accurate, as they did not have any documentation to prove the reason for the termination. In addition, when the company was asked by the court, they said that the reason behind Noor’s termination was due to her negative performance and not due to her disability. Noor had no idea about the termination decision that they took against her as they failed to have documentation to prove the reason behind her termination. The employer (Tim Hortons) terminated the employee (Noor) after 10 years of loyal service. The company did not follow the progressive disciplinary process since they immediately gave Noor a written warning without even giving her a verbal warning.
Tim Hortons has terminated Noor without applying the progressive disciplinary process correctly which should have started with verbal, written, suspension and termination. Tim Hortons failed to have evident documentation that outlined the reason behind Noor’s termination. In addition, they did not follow the Qatar Labor Law articles 14 in order to be legally defensible in front of the law. If Tim Hortons would have referred and followed the Labor law 14, it would have helped them to take corrective actions in order to avoid any violation toward Noor’s rights.Assignment 1: Tim’s Horton’s gets roasted 3 Yes, there were numerous human rights violations based on Noor’s disability as she went through health issues (cancer), which forced her to miss work on a regular basis and it was non-capable absenteeism. Tim Hortons failed to comply the employee rights and the disciplinary procedures through the actions discussed below.
Tim Hortons did not support Noor during her health disability although she worked with the company for 10 years as a loyal employee. The company did not meet with Noor even once they noticed some incompetence in her job performance. The company should have discussed with Noor about her job performance issues and the mistakes that she made in her job, in order to understand the reasons that forced her to do those mistakes frequently. then they could provide appropriate accommodation for her such as giving her less responsibility, flexible time, and less the work than what she used to do in the past.
This can help Noor to feel more comfortable and less stressful in her job, as she will have less tasks that can increase her job performance, which also, will help her to avoid doing mistakes. Furthermore, the company did not pay Noor during her absence leave as she used to miss the work because of her health disability. The company violated Noor’s rights, as they did not pay her during her medical absence and the missing days, which is considered as a violation of Noor rights. Moreover, Tim Hortons has failed to provide evident documentation regarding the decision to terminate Noor based on her job performance so, they did not legally defensible. The company (Tim Hortons) did not even refer to the Qatar labor law in order to have documentation before taking anyAssignment 1: Tim’s Horton’s gets roasted 4 decision about an employee such as employee performance, disciplinary process, and employee rights which they failed to apply in Noor’s situation. In addition, the company failed to have accurate documentation that proved the steps they took against Noor such as progressive discipline and the medical certificates.
If these documentations were applied, it could have helped Noor to know exactly why they terminated her. The company also, violated Noor rights because they did not follow the progressive disciplinary steps correctly before terminating her from the job as they gave her a written warning without even discussing with her the reason behind termination decision and without providing her with any help to accommodate her. No, Tim Hortons did not operate within its rights because the company did not follow the legal practices before taking any actions regarding the employees’ rights. These actions should follow and refer the labor law No. 14 in order to be legally defensible in case of any problem that arises between the employee (Noor) and the employer (Tim Hortons). The management violated their rights to terminate an employee as they did not apply the disciplinary procedures and the Qatar Labor Law effectively.
In addition, Tim Hortons failed to follow the disciplinary process correctly when they gave Noor a written warning without giving her a verbal warning first. As we discussed during the class there is a good solution that can fix the damages between the employee and the employer relationship, which is called the “last chance agreement”. Last chance agreement can have positive impact for both the employer and the employee, as it will give the opportunity for the employee to retain the job by improving their performance. InAssignment 1: Tim’s Horton’s gets roasted 5 addition, it can make a better relationship between both parties.
Tim Hortons failed to provide this last chance agreement to Noor. In Tim Hortons case, there were several legal considerations, for example Tim Horton’s violates Noor’s rights when they did not compensate her for the injury to dignity, feelings and self-respect which was entitled to her as well as they did not compensate her during her medical leaves and the sick leave days. The company failed to compensate Noor once her health disease was proven. The article (114) in Qatar labor law 14 (2004) states that the employer should pay the compensation for the disability within a period not exceeding 15 days from the date of proof. Moreover, the article of (112) state that if a dispute arises between the employee and the employer regarding any medical matter that the employee may face and could relate to his/her work, they must refer the medical issue to the competent medical authority. The decision completed by that authority must be finalized.
Tim Hortons failed to refer to the medical authority, they terminated Noor without having any evident documentation that outlines the reason of the termination. ?Tim Horton’s failed to assess a Disability Management program services for the disabled employee as a legal considerations : .This program provide the following servicesAssignment 1: Tim’s Horton’s gets roasted 6 ? Promoting a positive environment for disabled employees where they can work in safe and comfortable workplace. Also,, by providing them the right equipment and tools in order to do their job effectively. ? Consulting with the Management and Human Resources department in case to any workplace disability issues.
? Facilitate the interactive process for reasonable accommodation which refer and follow with the Qatar Labor Law 14 policies and procedures. ? Providing education and early intervention services in order to prevent any disabling workplace injuries in the future.