View cases - Stewart McKelvey

57• Promptly inform the person in question of the decision taken, explaining thereasons for the decision. In the event that a request for accommodation is denied,employees may have a right to grieve under the appropriate grievance procedureor make a complaint under the CHRA.[199] Ms. Ziemer testified that the Policy is aimed at doing an individualized assessment of theemployee's situation, since every situation is different. In the case of the Complainant it is clearthat no individualized assessment was done.[200] The person responsible for the accommodation policy at CN’s Edmonton office is, asindicated earlier, Mary-Jane Morrison, a Human Resources Officer. It is with her that people whohave questions about the policy or its procedure consult. Ms. Morrison was not a witness at thehearing. Instead, CN called as a witness Stephanie Ziemer, the Human Resources Officer inVancouver. Ms. Ziemer testified as to her understanding of what “family status” covered as aground of discrimination. She explained that from her perspective as a human resources manager,“family status” means that an employer cannot discriminate against somebody who has a family,either a parent who has children or any individual that is a member of a family. She further added“certainly family status, from my understanding […] would not incorporate any kind of orindividualized parental obligations. These are very individualized and personal preferences thatpeople have, and certainly I never saw it as coming under our policy to being involved in thesetypes of individualized parental preferences.”2010 CHRT 24 (CanLII)[201] On cross-examination, Ms. Ziemer was asked to explain what she meant by“individualized parental preferences.” She stated: “Whether or not you want to be at home to put,you know, your child to bed. Whether or not you want to attend every sporting event with yourchild. I mean, those are all things that we'd like to do as parents, but they would not be sufficientto initiate the accommodation process.” She did add though that taking care of an ill child, havingissues regarding a custody order or being a single parent would be a different thing and that itmight open the door to discussions. She agreed that it was CN's expectation that single parents, ifthey want to be railroaders, have to manage their affairs so that they can perform their workingobligations. But, she also added that if something unusual came along, for example, being askedto go cover a shortage, that might also open the door to discussions.