View cases - Stewart McKelvey

66[317] Ms. Raby confirmed that not accommodated employees are part-time, but often in theCBSA witnesses’ testimonies there was confusion between those being accommodated and theterm ”part-time”.[318] Mr. Star was an example of an accommodated employee who was not part-time. He hasbeen accommodated on an on-going permanent basis for religious observance.[319] Most people seeking religious accommodation do not need it on a continuing basis foreach shift period, e.g. Christians who do not want to work on Christmas Eve or Easter Sunday, orMuslims who may want to take a several day pilgrimage to Mecca, or need short periods off forprayer. Therefore, these people are accommodated for a short time, from time to time, but are stillfull-time employees.2010 CHRT 20 (CanLII)[320] Medical accommodation, of course, depends on the medical issue and can require veryshort-term to longer term accommodation, depending on what the doctor feels the worker can do.This can affect how many days or what hours or what duties a person needs to be relieved from.Not all of these accommodations are part-time either.[321] Ms. Raby confirmed Mr. Sheridan’s testimony that the term “accommodation” was used atCBSA to mean all adjustments off VSSA. It can be confusing, so Management starteddifferentiating by using the terms “accommodation” for medical reasons, and “arrangement” forother requests. Such arrangements include educational requests where people want changes toreturn to school, etc.[322] It was apparent that Ms. Raby had never received anything other than the most cursoryhuman rights training in terms of understanding there was a duty to accommodate those withmedical reasons. She was aware that there were other enumerated grounds in the Act.[323] Ms. Raby’s testimony revealed that CBSA efforts, if any, have been totally inadequate interms of training even management on human rights issues, obligations, duties, or processes.