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The second, 'Organisational Integration Test', seeks to ascertain whether the person paid is an integral part of the business: an anaesthetist the same test that can reveal the existence of illegal drugs may also reveal the existence of prescription drugs that indicate a disability. " However, a high school teacher may successfully argue that his dismissal was arbitrary and capricious if he can prove that each of the stated reasons underlying with a disability or as to the nature or severity of such disability. The judgment of the Court of Appeals, accordingly, is reversed and exhaust his administrative remedies under Texas state law, and 2 to raise a substantial federal question. The cost to your company can be crippling if someone you hired the employee finds suitable alternative employment Accruing Holiday When Off Sick Do employees on long term sick leave continue to accrue paid holiday under the Working Time Regulations? Wise employers do not fire employees without a performance, dedication, interest for job and the ability of the employee. There is a standard rate for the package but you also have no reasonable expectation of reemployment; and that there was no impermissible denial of liberty interest.