View cases - Stewart McKelvey

18November 13 th , he started training as a yardmaster. He trained as a yardmaster until Christmasand then he stayed on the working board until the end of the year.[79] Ms. Storms testified that this employee was “dodgy” and “making himself unavailable”.She added that when he was “set up” at this home terminal, he didn’t have to report to cover theshortage, but when he was laid off in early April he should have reported, but did not. Whenasked by CN counsel why he had not been discharged for failing to report, she answered: “I can’tspeak to that. His manager … could have done something. I don’t know exactly why, like I said, Ithink it just fell through the cracks. Because he was working, we didn’t obviously keep very goodtabs on him.” Finally, on December 25 th , 2005, this employee was “set up” in Saskatoon. Oncross-examination, Ms. Storms added that his supervisor thought that he might need thisemployee, so “he was not releasing him”.2010 CHRT 24 (CanLII)[80] Employee U was called to cover the shortage in Vancouver at the same time as everyoneelse. Ms. Storms testified that she had personally talked to this employee and had been informedby him that his father was terminally ill. She added that she had then taken it upon herself toextend his time to report. This employee stayed on the laid off board until June 26 th 2005, atwhich time he was given a leave of absence by the trainmaster at his terminal. On July 24 th , hewas “set up” at his home terminal. His father passed away in October and he booked off onbereavement leave. After that, he stayed at his home terminal for the remainder of the year.[81] Employee E was on laid off status when the recalled procedure started. Initially, whenthey started contacting employees for the shortage, the staff at CMC would just write notes intheir work records as they were making the calls. But, because the shortage was so large, thingswere getting a little awkward and Ms. Storms instructed her staff to put charts together so thatthey could see where things were and how many people would cover the shortage.The information we find on these charts were gathered and recorded by different employees atCMC. The first chart was produced on March 7 th , 2005. The last entry was for May 19 th , 2005.After that, the list was discontinued. By that time Ms. Storms explained that “most of the47 recalled employees had responded or been dealt with.”