View cases - Stewart McKelvey

75b) Ms. Johnstone has demonstrated, on a prima facie basis, that the CBSA establishedand pursued policies and practices that deprived or tended to deprive theComplainant and any similar class of individuals of employment opportunities, onthe ground of family status, within the meaning of Section 10 of the Act;c) CBSA has failed to establish a bona fide occupational requirement, present areasonable explanation for, or otherwise justify the case of prima faciediscrimination against it.2010 CHRT 20 (CanLII)IX.REMEDYA. Systemic Remedy[366] This Tribunal orders the Respondent to cease its discriminatory practices againstemployees who seek accommodation based on family status for purposes of childcareresponsibilities, and to consult with the Canadian Human Rights Commission, in accordance withthe provisions of Section 53 (2) (a) of the Act, to develop a plan to prevent further incidents ofdiscrimination based on family status in the future.[367] In order that Ms. Johnstone and other employees in her like situation not be deprived offuture employment opportunities, wages and benefits, this Tribunal further orders that CBSAestablish written policies satisfactory to Ms. Johnstone and the CHRC to address family statusaccommodation requests within 6 months, and that these policies include a process forindividualized assessments of those making such requests.[368] Ms. Johnstone seeks reimbursement for all lost wages and benefits, including overtimethat she would have received and pension contributions that would have been made on a full-timebasis but for the fact that she was a part-time employee. She also seeks an Order directing that shebe entitled to effect pension contributions as a full-time employee subsequent to August 2007.