View cases - Stewart McKelvey

25[105] On cross-examination, the Complainant testified that she had had many discussions withher son’s father about various possibilities, although she did not recall whether they had discussedthe possibility of him providing the primary residence during the duration of the shortage.She added though that she did not feel that this was a viable solution considering the nature of thefather’s business.[106] The Complainant also testified that her first choice would have been to stay in Jasper andwork the emergency board until a position opened up there. Alternatively, she would haveaccepted a leave of absence in Jasper. She also added that she would have been willing to sitdown with CN to look at other viable options, but this never materialized.2010 CHRT 22 (CanLII)[107] The Complainant was also particularly concerned about her son’s health. She explainedthat the search for a diagnosis for his illness had begun in 2004 with her family doctor. She hadbeen able to book a series of specialist appointments for him over the spring and the summer of2005.[108] The Complainant sought some advice from her union and as a result she wrote toColin Pizziol, the Trainmaster in Jasper, on March 9 th , 2005, requesting a 30 day extension toreport pursuant to Article 115 of the collective agreement. She added that apparently this requestwas granted but that nobody had called to inform her. This extended her time to report toMarch 26 th , 2005.[109] On March 14 th , 2005, she wrote to Rob Thompson, who was Local Chairman of the Unionat the time, providing details of the specialist appointment she had set up for her son in the monthof April 2005. The Complainant explained that she expected that the Union would pass on thisinformation to CN, but Joe Torchia, CN’s Senior Manager Labour Relations, testified that heknew nothing about this.[110] The Complainant then considered whether she would be able to report to Vancouver.She testified in detail as to the nature of her analysis. She explained how much she had enjoyed