View cases - Stewart McKelvey

12rearing] coupled with a clear duty on the part of any employer to facilitate and accommodate thatbalance” as noted in paragraph 54 above.[58] Following this decision, a 1993 letter of apology to Ms. Brown was written byM. E. Hynna, Assistant Deputy Minister, Customs Operations Branch, two undated drafts ofwhich were exhibited in this hearing with cover letters dated in July and August, 1993. The letterincluded the following:a) “Based on the findings of the Tribunal that there was discrimination by regionalmanagement against you on both grounds outlined in your complaint datedJuly 17, 1985 and, in accordance with the Tribunal’s ruling, I would like toapologize on behalf of the Department for failing to accommodate you during andafter your pregnancy.2010 CHRT 20 (CanLII)b) It is regrettable that the circumstances arising from your situation were notfacilitated by management at the outset. However, in order to avoid any futuremisunderstanding, I would like to reassure you that a departmental policy is beingdeveloped in order to ensure that similar practices do not occur in the future.c) A copy of this letter is being forwarded to management in The Toronto RegionalOffice as well as to your immediate supervisors for the purposes of remind them oftheir obligations under the Act.”[59] Presumably these last two paragraphs were a reference, at least in part, to the wording inBrown used at enumerated remedy 4 at page 15: “In order to ensure similar discriminatorypractices do not occur in the future, we direct pursuant to s. 53 (2) (a) that the Respondent submitproof sufficient for the CHRC that there exists an appropriate policy of accommodation foremployee transfer”.[60] Of note, Mr. Norm Sheridan, currently Director of Passenger Operations for CBSA atPIA, is mentioned in Brown at page 9 as having re-written an evaluation of Ms. Brown who had