Mediation ADR CLinical Course
BA.LLB 5 years law (Karnataka State Law University)
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Mediation
Facts:
John Doe was an employee at ‘XYZ Corporation’ and had been working there as a Senior
Marketing Manager for the past five years.
On January 15, 2024, he was unexpectedly demoted to Junior Marketing Associate
position.
This demotion came after John Doe disclosed to his supervisor, Jane Smith, that he had
been diagnosed with a chronic health condition requiring ongoing medical treatment. This
disclosure was made in confidence, and John requested reasonable accommodations to
manage his condition while continuing his work responsibilities.
This demotion was implemented without prior notice, a performance review, or any
documented reason related to his job performance. Along with the demotion, John's salary
was reduced by 30%.
John Doe also experienced a significant reduction in his job responsibilities. Tasks and
projects that he previously managed were reassigned to other employees, further
diminishing his role within the company.
John contends that his health condition is the reason behind his demotion and subsequent
treatment, despite his consistent performance ratings and positive feedback from clients
and colleagues alike.
John reported his concerns to the HR department, but no formal action was taken by the
HR. Instead, he received a vague response from the HR indicating that his demotion was
part of a broader company restructuring.
However, John is of the belief that no other employees were affected in a similar manner,
and there were no official announcements regarding such restructuring of the company.
John believes that his demotion and the subsequent treatment he received were directly
related to his disclosure of his chronic health condition. He feels marginalized and
discriminated against due to his health status, which he believes violates employment laws
and the company's internal policies on equal treatment and non-discrimination.
Feeling that his concerns were not adequately addressed by the HR department, John Doe
has sought mediation to resolve the issue. He aims to be reinstated to his previous position
as Senior Marketing Manager, receive compensation for the salary loss incurred due to the
demotion, and obtain compensation for the emotional distress caused by the situation.
Additionally, he requests a review of company policies and training for supervisors and
HR personnel to prevent similar incidents in the future.
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