View cases - Stewart McKelvey

56[265] Mr. Sheridan was taken through extensive detail on the PIA operations and structure,produced organizational charts, and various example work schedules to show the intricacies of theVSSA as a BSO works through any given period on rotating, fluctuating shifts.[266] Although extensive testimony was given on PIA operations, the most pertinent testimonyfrom Mr. Sheridan with regard to the complaint before this Tribunal, centered around CBSArationale regarding accommodation requests, CBSA’s view of such requests based on familyresponsibilities, the methodology used to deal with medical and religious accommodations, andthe manner in which CBSA and its predecessors have dealt with the various pronouncements setout in Part IV above regarding the treatment of family status requests within CBSA and at PIAspecifically.2010 CHRT 20 (CanLII)[267] There is no doubt that PIA is a busy international operation with an important mandatethat by necessity operates round the clock to fulfill that mandate. Ultimately, however, thisTribunal found that the level of detail on operations did not really assist in the fundamentalquestions before it.[268] CBSA does not view employees who require accommodation for childcareresponsibilities as a group that falls within the protection of the Act. CBSA’s position is that suchemployees who cannot work the VSSA shift schedule, have the options of working part-time,taking Care and Nurturing Leave from 3 weeks to 5 years (leave without pay), or quitting.Mr. Sheridan’s summed up the position as “People make their own choices.”[269] Under cross-examination Mr. Sheridan testified that all non-medical accommodationrequests are referred to separately as “arrangements” including requests based on family reasons,lifestyle choices, educational requirements, and religious observance. He stated that previouslyall of these requests had been referred to by management as “accommodations” but there was anactive decision taken to “get control over the real situation” by separating the language out tobetter describe the difference.