View cases - Stewart McKelvey

20move into a home that could accommodate another adult person. As the expert evidence unfoldedat the hearing, it is not a viable option for most Canadian families for the same reasons.[84] Although it was obvious that this Human Rights complaint process has been an emotionalordeal for Ms. Johnstone, it was clear from her evidence which was given in a forthright mannerthat she enjoys her work as a BSO and is proud of her accomplishments in the workplace.[85] Ms. Johnstone testified that she has made a long term commitment to her role as a BSO,and intended to make this her lifelong career. This is the reason that her initial most significantissue was her concern that she would lose pension and other benefits, with long termconsequences detrimental to her future retirement and promotional opportunities.2010 CHRT 20 (CanLII)[86] Ms. Johnstone emphasized that she wanted to return to work putting in full-time hours, butneeded to serve those hours over 3 days. She did not specify the starting times for those 3 days,nor did she insist on returning to the duties she had performed before. What was uppermost in hermind was working at least 37.5 hours per week, and maintaining her pension and benefits andopportunities for training and advancement.[87] Ms. Johnstone however ran up against an arbitrary unwritten policy of the CBSA appliedto workers seeking accommodation on the basis of childcare responsibilities. Ms. Johnstonelearned, from speaking with co-workers who had returned from maternity leaves, that if sherequested static shifts outside the VSSA, the CBSA would only allow her to work part-time hours.She testified that she contacted a Terminal 2 Superintendent, Ms. Gerstl, in late 2003 asking towork full-time hours over 3 days. She stated that Ms. Gerstl e-mailed her back that this wasagainst CBSA policy. Although CBSA questioned whether this exchange ever happened andMs. Johnstone could not produce a copy of the e-mail, CBSA did not call Ms. Gerstl as a witness,advising she was on medical leave at the time of the hearing. This Tribunal acceptsMs. Johnstone’s evidence that this e-mail exchange took place.[88] The position of CBSA is that workers seeking accommodation for childcare obligationsare doing so due to choices they have made in life, for which the employer bears no responsibility.