View cases - Stewart McKelvey

24where static shifts were the norm. This information became known to her through the complaintprocess.[105] Ms. Johnstone was asked as to her knowledge of other BSO couples, i.e. where eachpartner works as a BSO at PIA. She testified that she knew of 20 such couples out of anapproximate workforce of 275 workers. Of those 20 couples, most but not all have children. Ofthose who have children a small percentage have children under school age, and approximately8 of the 20 have partners with rotating shift schedules as well. Her testimony in this regard wasnot challenged by CBSA.2010 CHRT 20 (CanLII)[106] At the time of the hearing, Ms. Johnstone was on unpaid Care & Nurturing Leave coveredby the VSSA. Previously, she had been on a one year Relocation of Spouse Leave without paybecause her husband was transferred to Ottawa as a trainer. There are relatively new provisions inplace that all BSOs carry firearms, and Jason had the qualifications to provide this expandedtraining. She testified that she would have preferred to be working during both these periods, butas she could not work full-time hours in any event, she took these Leaves.[107] As both her children will be of school age in September 2010, Ms. Johnstone testified thatshe intends to return to full-time work at that time. There are provisions in the VSSA that coversituations where a spouse has to leave one city (Toronto) to live in another city (Ottawa) to bewith her husband. This situation mandates that she be accommodated with a position in her newplace of residence, being Ottawa.[108] With respect to the workplace generally, in response to questions put by CHRC counsel,Ms. Johnstone testified that neither the Respondent nor the Union had given her any information,written or orally, about the Respondent’s accommodation policies or her human rights. Sheidentified co-workers also working part-time who had been refused full-time status requested forreason of childcare responsibilities. She also identified co-workers who were working part-timeby choice.