View cases - Stewart McKelvey

to have Ms. Jenkinson do some instruction in writing, because Imbenzi needed the paperwork as back up material to modify the budget for the Program.[38] Lateron August 7, 2002, Mr. Derksen faxed a memo to Imbenzi at the office. Itread as follows:As per our conversation this morning, I would like to request theresponsibilities of teaching and client facilitation to be added to Autumn’sjob description in order to allow for improved client services.Also, I would like to request one day off for Friday, August 9, 2002.Mrs. Imbenzi received the memo in the office and waited until the end of the day todiscuss it with Imbenzi. Imbenzi told her that Mr. Derksen had not earlier asked for theday off. Mrs. Imbenzi testified she decided not to grant the day off because the Programwas in such a sad state. Therefore, the next day, Mrs. Imbenzi sent a leave request formback to Mr. Derksen by fax and denied the leave. Mrs. Imbenzi also dropped a copy ofthe leave form off with Mr. Derkson’s paycheque on August 8, 2002 at the Abbotsfordlocation. She and Imbenzi both testified that at this point they had no idea that therequested day off was for religious purposes.[39] After delivering paycheques on August 8, 2002, Mrs. Imbenzi returned home atabout 4:45 pm. Imbenzi had arrived home a little earlier and taken a call at around 4:30pm from Mr. Derksen. Imbenzi had told him Mrs. Imbenzi would call him back. Mr.Derksen inquired why there had been no response to a faxed memo sent at 3:40 pm andan e-mail sent at 4:26 pm. In the phone call Mr. Derksen mentioned that his request forAugust 9 th off was for religious purposes. He advised that his faxed memo made thatclear, and he was wondering why he did not have an answer about the day off. Mr.Derksen’s faxed memo reads in part as follows:Hello Imbenzi,I received your response via fax regarding my request for one day off thisFriday, August 09/02. It indicates that my request has not been approved.I apologize for not clearly explaining the nature of my request. Thepurpose is to observe a religious Holy Day.11