View cases - Stewart McKelvey

[18] In the last couple of years, the decorations and Christmas merchandise were put outduring the day. According to Mr. Eisler, it ceased to be voluntary – everybody was expected to“pitch in”. On November 9 or 10, 1998, Mr. Hardy asked Mr. Jones to hang a garland. Mr.Jones asked another merchandiser to do it, but he was too busy. Mr. Jones therefore hung thegarland. He testified that he subsequently felt sick that he had decorated because he feltpressured, fearful of losing his job. He testified that he could not believe he had done it becausehe had been a Jehovah’s Witness for so long.[19] On November 12, 1998, Mr. Hardy asked Mr. Jones to hang a cardboard Santa Clausdecoration. Mr. Jones refused. He explained that it was contrary to his religion. Mr. Hardy didit himself.[20] On November 17, Mr. Hardy asked Mr. Jones to put out a half dozen artificialpoinsettias. Mr. Jones refused to do so and said, “Don, don’t go there.” Mr. Hardy put thepoinsettias out himself. Subsequently Mr. Jones told Mr. Hardy that he could not display thepoinsettias because of his Christian conscience. Mr. Hardy told Mr. Eisler that Mr. Jones hadrefused to put out the poinsettias. Later that afternoon, Mr. Eisler asked Mr. Hardy to bring Mr.Jones into his office.[21] There is some dispute about what occurred during the meeting. There is no dispute thatMr. Jones and Mr. Eisler discussed Mr. Jones’ refusal to put out the poinsettias. Mr. Jonesexplained that he could not put them out because of his religious belief about Christmasdecorations. Mr. Eisler insisted that Mr. Jones comply with Mr. Hardy’s directions. The partiesdo not agree on whether Mr. Jones quit or was fired. I will address that issue later in thesereasons. There is no dispute that Mr. Jones left and cleaned out his locker. Mr. Hardy saw himat the locker and said, “What the hell are you doing? This isn’t a good decision. You have afamily to support.” That was his last day of work at C.H.E.[22] Mr. Jones telephoned Mr. Eisler on November 19. He taped the conversation (Exhibit 3).Mr. Jones informed Mr. Eisler that he had contravened the Code and referred to the duty toaccommodate. The conversation reflects the disagreement over whether Mr. Jones quit or wasfired. However, it is clear that, at the conclusion of the call, Mr. Eisler was not prepared giveMr. Jones “preferential treatment” because of his religion, nor was he willing to reinstate Mr.5