View cases - Stewart McKelvey

6515 people at any given time, or 45 for the whole operation (average to low estimate). ThisTribunal finds this to be a very manageable level.[312] During Ms. Raby’s evidence, she kept alluding to “SOP” or “Standard OperatingProcedures”, unwritten, which speak to the part-time mandatory hours being developed becauseotherwise management would have been “inundated with requests”. To avoid this, she testifiedthat management deliberately capped the hours at 34 hours to make part-time less desirable,i.e. workers wanting to be accommodated are discouraged from those requests.[313] Ms. Raby did not seem to see the irony in her remarks. Management has capped part-timeat 34 hours to make it less desirable, and yet management forces the 34 hour cap on employeeslike Ms. Johnstone who want to work full-time but need accommodation to do it.2010 CHRT 20 (CanLII)[314] Ms. Raby testified that at the time of at least Fiona Johnstone’s initial request there was aChief of Operations for Terminals 1,2, and 3. There was also Director overseeing Gateway(Mr. Sheridan). The Chiefs consulted on accommodation requests (all of them, for whateverreason) among themselves, but they did not consult at the time with the Gateway Director.[315] There were a lot of questions asked during the hearing as to why Ms. Johnstone couldn’thave been accommodated by giving her 12.5 hours shifts at Gateway where such shifts exist, andone of CBSA’s excuses of the high-stress work environment does not exist. Ms. Raby testifiedthat because they weren’t talking to each other, this was an option that was never considered norsuggested to Ms. Johnstone. Ms. Raby stated that none of the separate districts within PIAcommunicated on accommodation requests.[316] Ms. Raby confirmed that CBSA management treats medical accommodations differentlybecause CBSA acts in accordance with the medical evidence, i.e. doctor validation, thataccommodation is necessary for reasons of health, safety concerns and liability.