View cases - Stewart McKelvey

67[324] CBSA’s approach upon receipt of accommodation requests has been to only do sufficientinquiry or background questioning to establish the bona fides of the request, its legitimacy. Noeffort is put into actually trying to meet the accommodation request, or to determine what theactual impact or cost be would be. This is all driven by a pervasive belief at the management levelthat too many people would want to be accommodated “off VSSA’ which would be operationallyfar too difficult. According to Ms. Raby, this is the issue and not cost.[325] Asked if she had any complaints from other employees about people getting shift changesdue to medical accommodation, Ms. Raby said, “yes”. Asked further, she remembers receivingone e-mail, and bases her belief that there is a “morale issue” around medical accommodation on“what she hears around the workplace”.2010 CHRT 20 (CanLII)[326] Although she was a Chief of Operations and had the mandate during the relevant years todeal with and decide upon accommodation requests, Ms. Raby testified that she kept no ongoinglog to identify people being accommodated, and kept requests for full-time static shift work onlyin an e-mail file.[327] Ms. Raby further testified that if an opening came along in an area that an employee hadexpressed a desire to work in, she would not cross-reference particularly or ever. In other words,although she had denied Ms. Johnstone’s request, if an opportunity had come up to meet herrequest in an area in which she had expressed an interest, Ms. Raby would make no attempt to putthat opportunity together and communicate it to Ms. Johnstone.[328] When new job opportunities arise, a Call Letter goes out, which you do not receive if youare off the job site on maternity leave. Depending on who responds, then management looks backat preferential listings on a worker’s annual performance review assessments. They do notcatalogue or look through the preferences listed, and do not keep that data anywhere. There arealso internet and intranet postings, but employees on maternity leave would not receive intranetpostings, and would be unaware of those.