View cases - Stewart McKelvey

68[329] Given Ms. Raby’s testimony on these various issues, it seemed evident to this Tribunalthat CBSA management does not see its role as working cooperatively with its BSO employees,and yet when it comes to human rights accommodation requests that is exactly what thejurisprudence calls upon an employer and employee to do.C. Evidence of Expert, Dr. Moore-Ede[330] Dr. Moore-Ede was qualified as an expert in the study of shift work and extended workinghours including staffing level analyses, shift scheduling optimization, shift work lifestyle training,and cost-benefit analyses with respect to employer policies pertaining to the management of shiftworkers, including all relevant factors that relate to the development of shift schedules.2010 CHRT 20 (CanLII)[331] Dr. Moore-Ede founded Circadian in 1983, an international research and consulting firmspecializing in how to manage the challenge of employing workers in a 24/7 environment.[332] His database indicated that approximately 52% of all shift workers have childcare needsand 60% of these, or 31% of all shift workers use childcare other than their spouse or partner.However, he also referred to studies which have found that shift workers are more likely toarrange or rely on care by spouses, relatives and friends, as opposed to third party caregivers.[333] This Tribunal finds that there were several serious flaws in this report. The whole basis ofthe data that leads Dr. Moore-Ede to the conclusion that between 31% to 52% of CBSA workerswill seek the same accommodation as Ms. Johnstone, comes from answers by 32,000 shiftworkers to question #13 of his Circadian questionnaire found at Addendum C of his exhibitedwritten report.[334] The sampling respondents are made up of workers from the US and Canada, but theCanadian percentage is very small. There was no questionnaire or surveying done of CBSAworkers as Dr. Moore-Ede said that CBSA had not given him enough lead time nor paid himsufficiently to undertake that sort of exercise.