View cases - Stewart McKelvey

[25] Imbenzi was less than clear in his testimony, in terms of the performance reviewshe gave Mr. Derksen. However, I am persuaded that during Mr. Derksen’s employmentit was not made known to him that his performance was lacking to the extent hiscontinued employment was in jeopardy.[26] In balancing the evidence to reach my findings I have considered the following.Mr. Derksen had reason to give self-serving testimony in order to persuade me that hewas competent with respect to getting clients into the Program. On the other hand, Ms.Jenkinson and Ms. Sangha are no longer with Myert and had no reason to give evidencethat would curry favour with Myert. I found them both to be extremely credible. Therewas no doubt as to their view of why the Program was failing. They had previouslyworked at Myert and knew what was expected by way of client numbers. Ms. Toewsconfirmed their evidence, and I conclude from all three, that Mr. Derksen’s leadershipskills were less than satisfactory.[27] I find that Mr. Derksen was responsible for the low number of clients in theProgram. It was clear from the numbers of clients in the Program, even if it wassummertime, when direct referrals were to come from HRDC that the Program wasfailing. As Program Co-ordinator, Mr. Derkson was responsible for the Program and itsperformance and thus, its failure rested upon his shoulders.C. Mr. Derksen’s Religion[28] Mr. Derksen is a member of the Christian Churches of God. As he explained hisfaith, adherents to it believe in one true God, the Father, and one mediator, Jesus Christ,but they do not celebrate Christmas, Easter, birthdays or any of the other traditionalChristian celebrations. Adherents recognize a number of religious days including fiveHoly Days per year; weekly Sabbath commencing Friday from “dark to dark”, to the endof evening nautical twilight Saturday; as well as the lunar New Moons which occur every29 ½ days. On any of these religious days no work or trade is to be done for whichmoney is paid. The New Moons and Holy days may fall on regular work days and whenthey do, adherents must not work.7