View cases - Stewart McKelvey

Health Sciences Assoc. of B.C. v. Campbell Riverand North Island Transition Society Page 3[3] The appellant contends that the employer refused tocontinue to employ or otherwise discriminated against theemployee, Shelley Howard, regarding her employment or a termor condition thereof because of her family status. Theappellant says that the respondent, by changing Ms. Howard’shours of work, failed to accommodate her particular familysituation.2004 BCCA 260 (CanLII)[4] The arbitrator stated the union’s position as follows:the employer was “under a duty to accommodate [Ms. Howard’s]hours of work so that she is better able to care for her sonwho has both medical and behavioural problems”.[5] The respondent’s position as stated by the arbitrator wasthat “it is not under any legal duty to accommodate [Ms.Howard], but nonetheless, it has made attempts to accommodateher”.[6] (The second respondent represents the respondent societyand others in collective bargaining and grievance matters. Itwas not a party before the arbitrator. It is not clear to mewhy it was added as a respondent in this court and it did notparticipate in the appeal. In these reasons, I will simplyrefer to the respondent by which I will always mean therespondent society, the employer.)