View cases - Stewart McKelvey

70[340] Dr. Moore-Ede testified that the above scenario would lead to dishonesty and people“playing games” where they would create childcare accommodation scenarios to meet therequirements in order to get preferable shift days and times.[341] Obviously, a 24/7 rotating shift scheduled operation could not afford to have one-half ofits workforce working off the VSSA. However, this speculation by Dr. Moore-Ed is not borne outby the actual experiences to date of even the CBSA’s own witnesses in management. The numbersthat Dr. Moore-Ede put forward are not realistic, and founded in either inadequate details in thequestion relied upon for the numbers to be valid, or unproven assumptions that are a discredit tothe ethics and motivations of the subject workforce.2010 CHRT 20 (CanLII)[342] Dr. Moore-Ede did not address the effect of employee education as a key component.There is no substantive evidence before this Tribunal that this particular workforce cannot beeducated as to the human rights law basis for certain accommodation requests being acceded to.[343] It is notable that this was a temporary accommodation being sought duringMs. Johnstone’s children’s pre-school years. She intends to return to full-time work in 2010. Thisis not a permanent accommodation request as one would see in a religious accommodation, nor along-term disability situation.[344] Dr. Moore-Ede took no exception to Ms. Johnstone’s experts’ reports regarding lack ofavailability of third-party child care, and generally agreed with those conclusions.[345] Dr. Moore-Ede conceded that he had not taken into account the offset saving of costs thatoccur with accommodation in terms of reduced absenteeism, sick days, leave requests, etc. whenaccommodated workers are more satisfied with a workplace that meets, or endeavors to meet,their temporary needs.[346] Dr. Moore-Ede also conceded that he had not taken into account the difference betweenCanada and the U.S. in terms of the Canadian government offering a wider safety net to youngparents with the availability of one year maternity and parental leave – something not offered in