View cases - Stewart McKelvey

51not discrimination found in any given complaint process. If so, there cannot be a hierarchy ofgrounds. The Act does not suggest this.[239] In the recent decision of Rajotte v. The President of the Canadian Border Services Agencyet al, 2009, PSST 0025 dated August 7, 2009 (Rajotte), the Public Service Staffing Tribunalconsidered a complaint by a female employee against the same Respondent as in this complaint.The Complainant was a mother who alleged that she had not been considered for a certainposition or positions due to an abuse of authority by the CBSA and her family status.[240] The Tribunal in Rajotte followed the reasoning and decisions in Brown, Wolden, Hoyt, andJohnstone with respect to the definition of family status, as well as the test for a prima facie caseset out in O’Malley and Meiorin. Rajotee expressly rejects the approach in Campbell River.2010 CHRT 20 (CanLII)[241] CBSA sought leave to address the Rajotte case before this Tribunal as Rajotte wasreleased just two weeks after submissions were completed in this hearing. However, this Tribunaldecided that further submissions were unnecessary. Rajotte is self-explanatory and this Tribunalfinds it relevant to this complaint, although not binding.[242] This Tribunal finds that Ms. Johnstone has made out a prima facie case of discriminationcontrary to Sections 7 and 10 of the Act, in that CBSA engaged in a discriminatory and arbitrarypractice in the course of employment that adversely differentiated Ms. Johnstone on theprohibited ground of family status. CBSA engaged in a discriminatory practice by establishingand pursuing an unwritten policy communicated to and followed by management that affectedMs. Johnstone’s employment opportunities including, but not limited to promotion, training,transfer, and benefits on the prohibited ground of family status.[243] The policy and practice that CBSA established and pursued is based in a view that familystatus within the meaning of the Act does not include family obligations of the nature ofMs. Johnstone’s. CBSA forced Ms. Johnstone to self-reduce to part-time status thereby adverselyaffecting her with respect to employment.