View cases - Stewart McKelvey

[14] Mr. Mills testified that it would be unusual for a Jehovah’s Witness to decorate aworkplace. He noted that there is a distinction between decorating the workplace and stockingmerchandise. Decorating is a part of the festivities and could be considered an aspect of thecelebration. He testified that the Jehovah’s Witnesses do not have any regulations abouthandling Christmas merchandise; rather, it is a matter of personal conscience. One person’sconscience may differ from another’s. In making a decision about handling such merchandise, itis important for Jehovah’s Witnesses to live by their conscience, to consider the effect of theiraction on other Jehovah’s Witnesses who might observe it, and to be mindful of their relationshipto God. If a merchandiser were to feel guilt because the stocking of Christmas merchandise iscontrary to their “Bible-trained conscience”, then it would be wrong to stock such merchandise.[15] In 1996, the store changed the way it did business. Rather than purchasing its stock froma variety of distributors, it began to purchase it from a single distribution centre. This changenecessitated changes in the shift structure for merchandisers. The staff were not happy about thechange. Mr. Eisler agreed that he would let the merchandisers come up with a different scheduleif they all agreed. Mr. Jones proposed a different shift schedule (Exhibit 4), which Mr. Eisleragreed to implement.[16] In September 1998, Mr. Eisler proposed changes to Mr. Jones’ position. A person fromShoppers Drug Mart corporate headquarters had advised Mr. Eisler that he should have a frontendcustomer service group. Mr. Jones was very good at customer relations. Mr. Eislertherefore proposed that he become a cashier supervisor instead of a merchandiser. Mr. Jonesobjected. He wrote a letter to Mr. Eisler and Mr. Hardy explaining why he should continue as amerchandiser (Exhibit 5). Mr. Eisler discussed the letter with Mr. Jones. At some point duringthe discussion or in a subsequent letter, Mr. Jones indicated that if he were required to accept thecashier position he would take legal action.[17] Eventually Mr. Jones and Mr. Eisler agreed that Mr. Jones would be a customer servicerepresentative. He would greet and assist customers. He began those duties on October 1, 1998.Mr. Jones wanted to keep his hand in merchandising. Although Mr. Eisler did not want Mr.Jones to merchandise, Mr. Hardy permitted him to do so when there were few customers.4