View cases - Stewart McKelvey

23Ms. Gerstl, and would not allow her to work 36 hours per week, she ultimately accepted the10 hours only on each of the three days she had childcare through family members.[100] Ms. Johnstone testified that shortly after her return to work after her first maternity leave,she asked her employer if she could remain on full-time status and characterize those hours notworked as leave without pay. She was aware at the time that leave without pay was pensionable.The Respondent would not allow her to do this. She also inquired about “topping- up” thedifference to enable her to keep the equivalent of full-time pension benefits, but the Respondentdid not allow this either. The CBSA did not dispute this application of its unwritten policies.2010 CHRT 20 (CanLII)[101] Ms Johnstone further testified, and this Tribunal accepts, that if she had been allowed towork full-time hours over the three days she requested, that she would have found a way to handleher childcare responsibilities to be able to work those days, both after the birth of her first childand her second child. She did ask her employer, before her return from her second maternityleave, to allow her to work full-time hours over 3 days, but was again refused.[102] Ms. Johnstone testified that she therefore worked even less than 30 hours per week afterthe birth of her second child, because she had been forced to give up on the possibility of full-timestatic shifts, and had greater family responsibilities. Again, management for the Respondent madeno inquiries of Ms. Johnstone as to her particular circumstances.[103] In addition to having her pension and benefits pro-rated, Ms. Johnstone testified that as apart-time employee she missed out on training opportunities, was not permitted to become anacting Superintendent, nor work on Special Teams. Overtime is also paid on a lesser basis topart-time employees when compared with those working full-time.[104] Ms. Johnstone knew and named workers who had returned from maternity leave and beengiven full-time static shifts at PIA. She also knew and named BSOs in other operations that work13 hours shifts such as in Niagara Falls, ON and Estevan, SK. She did not know at the time thatthe Respondent could have transferred her to another part of their operations, such as Gateway,