View cases - Stewart McKelvey

26[114] Mr. Star has worked alongside Ms. Johnstone and described her work performance as“excellent”. He also assisted her with putting forward first her request for accommodation, andlater her CHRA complaint when she was not given what she was asking for.[115] Mr. Star knew upon Ms. Johnstone’s return from her first maternity leave that she wantedto work static full-time shifts. Shortly after her return in early January 2004, Ms. Johnstoneconfided to Mr. Star that she wanted to work full-time static shifts. He was aware that sheapproached management with her request but she was “rebuffed”. He recalled discussingMs. Johnstone’s request with Norm Sheridan on more than one occasion during the relevant 2004to 2006 period. He testified that Mr. Sheridan stated to him that Ms. Johnstone would not be giventhe accommodation she was seeking because if CBSA gave this to her ‘everybody would want it’.2010 CHRT 20 (CanLII)[116] Mr. Star testified that he also specifically asked Mr. Sheridan for the operational reasonsfor his position verbally and in writing, but he never received a response.[117] Given his long term familiarity with Passenger Operations and the VSSA, and hisexperience on the Union executive and as an employee representative, Mr. Star stated thatgranting Ms. Johnstone’s request would not have had any adverse effect on the CBSA financiallyor otherwise. He was also unaware of any negative operational effects resulting from the existingmedical accommodations.[118] Mr. Star confirmed that the Union was open to, and supportive of, special requests forhuman rights reasons. Mr. Star stated that the Union executive was very supportive of anyindividual requests as they would never ‘infringe on anyone’s human rights”.[119] Mr. Star confirmed that, unlike the VSSA in place in 2004, there are 12 hour shiftscontemplated in the latest VSSA that came into effect in Fall 2008. It is a 5 days on, 4 days offschedule with multiple shifts starting at different times during the day over a 63 day period. Thereare approximately 12 shifts scheduled in the Customs and Immigration divisions of the workplacethat operate from 5 am through to a midnight shift. He further testified that he could identify atleast 5 or 6 workers that work 5 day static shifts.