View cases - Stewart McKelvey

52[244] CBSA accommodates those seeking accommodation for medical and religious reasons bycreating schedules for them outside the VSSA, some on a permanent basis. Additionally, CBSAhas not uniformly followed this arbitrary discriminatory unwritten policy resulting in someemployees in the same category as Ms. Johnstone being accommodated with full-time hours andstatic shifts, or full-time benefits although on part-time hours and static shifts[245] It is pertinent to note that the CBSA and its predecessors have been under CHRT andCHRC direction since 1993 to develop accommodation policies for those seeking accommodationon the ground of ‘family status’ and has been aware that those bodies have interpreted ‘familystatus’ as equating to family responsibilities of the type and nature that Ms. Johnstone faced.Ms. Johnstone’s testimony was unequivocal that she was not asked about her personal situation orthe difficulties she was facing, but dealt with according to the above-described arbitrary unwrittenpolicy of either working under the VSSA or self-reducing to up to 34 hours if seeking static shifts.There was no attempt to individualize Ms. Johnstone’s situation by CBSA, because they have nottreated such requests as falling within the ambit of federal human rights legislation.2010 CHRT 20 (CanLII)[246] This Tribunal asked Mr. Star if there is anyone at CBSA working now or in the past twoyears with the title Employment Equity Advisor or Disability and Accommodation CaseCoordinator, as recommended in the Draft policy, and there is none.[247] Mr. Star testified that there are two named Supervisors that specifically coordinate (andmonitor) the medical accommodation issues. They do not have decision-making authority. Thereis a committee made up of Mr. Norm Sheridan, Ms. Rhonda Raby, Mr. Darren Millet and perhapsothers that look at case by case medical accommodation requests.[248] When this Tribunal asked who dealt with accommodation requests for reasons other thanmedical, Mr. Star testified that the same two Supervisors amass the information, and put therequests forward to the same committee to make the decision.[249] Further this Tribunal asked Mr. Star if a CBSA National Job Accommodation Fund existsas recommended in the Draft policy, and there is none.