View cases - Stewart McKelvey

22[94] Ms. Johnstone further named two other co-workers who had initially been assigned tofull-time program support in day shifts due to their family responsibilities, and then had stayed onin those positions after the need for their accommodation had passed. This was not challenged byCBSA. These co-workers, therefore, were not limited by policy to only work part-time up to 34hours per week.[95] Ms. Johnstone was encouraged to ask and pursue her desire to work full-time upon returnby her then Union representative, Murray Star. However, once Superintendent Gerstl had told herit was not possible, through her husband she approached Rhonda Raby, then Chief of Terminal 1,to work 12 hour shifts over 3 days. This approach was made shortly before Ms. Johnstone was toreturn to work after her first maternity leave. Raby denied this request citing health and safetyconcerns.2010 CHRT 20 (CanLII)[96] Ms. Raby also made it clear that the maximum number of hours Ms. Johnstone could workper week in order to get static shifts would be 34.[97] As a result, Ms. Raby offered that Ms. Johnstone could work a maximum of 10 hour perday over 3 days per week, and a further 4 hour shift on a fourth day. Starting times might vary, butthese shifts could be on the same days of the week, each week. Ms. Raby made no inquiries ofMs. Johnstone as to her efforts to find childcare, or the reasons behind her childcare provisiondifficulties, but simply applied the CBSA unwritten policy.[98] With respect to working the fourth day offered, this was not viable for Ms. Johnstone. Asshe could not work full-time in any event, she did not want to incur the cost of childcare for ashortened 4 th day. She did not know if she could arrange a fourth day’s coverage, but even if shecould, the cost of getting to and from a daycare and to and from work added to the daycare coststhemselves, negated the real benefit to her earning an extra 4 hours of wages.[99] After her first child was born, Ms. Johnstone was able to arrange childcare coverage onFridays, Sundays and Mondays. As stated, she was prepared to work 13 hour shifts and overtimeon those days. Because the Respondent would not consider this suggestion as relayed by