View cases - Stewart McKelvey

21Hence, while the Respondent is prepared to make some adjustments to such a worker’s schedule,it refers to these adjustments as “arrangements” as opposed to “accommodations”. This positionwas articulated on behalf of the Respondent by Mr. Norm Sheridan.[89] Ms. Johnstone was aware, from her own observations during her time of employment withCBSA that historically the Respondent has treated only those seeking medical accommodationsas obligations to be met pursuant to human rights legislation. Such workers are assessed on anindividual basis. Accommodations are made in their work schedules, in accordance withsupporting medical information/recommendations, and if it is compatible with their specificmedical requirements they are given static shifts with full-time hours.2010 CHRT 20 (CanLII)[90] Ms. Johnstone learned later from speaking with Murray Star, then a Union executivemember, that he had been accommodated for religious reasons but only after he had pursued acomplaint so that he could observe the Sabbath and other sacred days of his Jewish faith. Mr. Startestified to this experience in his evidence at the hearing.[91] When her attempts to find childcare that would allow her to work the VSSA full-timefailed, Ms. Johnstone pursued full-time hours despite her knowledge that in most cases it isdenied. She did this in part because she also knew that there had been exceptions made to thisunwritten policy, and that some workers who had returned from maternity leave had been givenstatic shift daytime hour duties, and shifts of greater length than the regular 8 hours per day.[92] Ms Johnstone testified that she knew of at least two other co-workers, whom she named,that worked 9 hour shifts over 4 days per week for a total of 36 hours per week. She stated thatboth of them had told her this, and in any event their schedules are posted publicly. This was notchallenged by CBSA. In other words, these workers were not limited by policy to 34 hours perweek, nor to the regular 8 hour per day shift.[93] Ms. Johnstone also named another co-worker whom she knew to be working 11 hourshifts due to her childcare responsibilities at home. This was not challenged by CBSA.