Assignment 1

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 Rideout

Assignment 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 any

Assignment 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. In

Assignment 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 services

Assignment 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.