View cases - Stewart McKelvey

Health Sciences Assoc. of B.C. v. Campbell Riverand North Island Transition Society Page 11refers to the status of being a parent per se, and not to theinnumerable (and yet important) circumstances that arise forall families in regard to their daycare needs. I thereforedecline to follow Brown, supra.”[20] The reasons of the arbitrator continue:Does this mean that the Grievor is faced witheither working the new shift or losing her job?Without a finding of discrimination, and no duty toaccommodate, what is the Employer's obligation tothe Grievor? There may well be situations where aGrievor is faced with the Hobson's choice of eitherworking the new shift, or losing their employment.However, most employers, as a matter of good labourrelations, permit employees to deal with a widevariety of family matters: medical emergencies,domestic problems, and childrens' school activities.Many collective agreements provide special leave todeal with such issues (Article 20 of this CollectiveAgreement).2004 BCCA 260 (CanLII)...What were some of the options which the Grievorhad in regard to this workplace under thisCollective Agreement? First, five of the sixemployees who signed the petition testified thatthey were willing to participate in an"accommodation" of the Grievor. This was neverexplored. Second, the Collective Agreement providedsome contractual options: for instance, twoMemoranda of Agreement, attached to the CollectiveAgreement, provide for job sharing and flexible workhours. Third, if extra time was required to obtaina resolution to the dispute there are both paid andunpaid leaves. Fourth, the Grievor could haveassumed casual status and worked relief. Fifth,there were lay-off and bumping rights. It must beremembered that the position held by the Grievorincluded not only that of Child Counsellor, but alsoof Transition House Counselor; other employees were