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Labor Relations Arbitrator

Real-Life Activities

Real-Life Decision Making

You've been contracted to arbitrate a hearing between an employer and employee. Both parties signed a non-discretionary contract before they hired you, which means they want you to choose one winner and one loser between them.

Here's the case:

An employee with five years on the job and a perfect employment record is fired for refusing to help some electricians move an electrical cable. Moving this electrical cable was not specifically a part of this employee's job description, but his contract says that his job can include any reasonable task requested by a supervisor.

The employer argues that this employee was rightfully dismissed, saying he broke his employment contract because he refused to do the reasonable task his supervisor asked him to do.

The employee produces a record from a psychologist that says he has had a phobia of lightning all his life. The employee was terrified to pick up the electrical cable because of a medically documented fear of lightning. As such, picking up the electrical cord was not a reasonable task for this employee.

You have a really tough decision on your hands. Both sides have a legitimate argument, and both want you to choose a winner and a loser between them. What do you do?