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View cases - Stewart McKelvey

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19V. COMPLAINANT’S CASEA. Evidence of Fiona Johnstone[78] Until Ms. Johnstone had children, she worked regular full-time rotating shifts under theVSSA as outlined above. However, when she became a mother and the primary parentresponsible for childcare, she could no longer work the VSSA schedule and meet her legal andmoral obligations to her children due to a lack of available childcare.[79] Ms. Johnstone testified that she was willing to engage third party childcare for herchildren. She quickly discovered, however, that the ordinary daycare hours of any registeredfacility were 7 am to 6 pm Monday through Friday.2010 CHRT 20 (CanLII)[80] Ms. Johnstone also discovered that even unlicensed daycares or private daycare providerswill not provide childcare on an unpredictable and fluctuating basis, usually not at all onweekends, and certainly not overnight.[81] Ms. Johnstone then turned to her family members, and was able to get childcare coveragefor unpredictable hours, including overnight, on three days per week. The Respondent disputedthe Complainant’s diligence in trying to arrange for third party childcare assistance, however, thisTribunal accepts Ms. Johnstone’s evidence that this was the ultimate and best childcarearrangement she could make.[82] The evidence showed that Jason’s shift requirements also as a BSO at PIA, albeit as aSupervisor, were in many ways more onerous than those of Ms. Johnstone. Their schedulestypically overlapped 60% of the time, but were not coordinated in any manner. Jason could notprovide the childcare Ms. Johnstone needed on a reliable basis either.[83] Ms. Johnstone testified that the alternative of a live-in nanny or childcare provider was notan option for her, due to the expense and the necessity that she and her family would have had to

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