View cases - Stewart McKelvey

20Tribunal to identify any legislation bearing the name “Family Leave Act”. This employeeresigned his position with CN on May 6 th , 2006.[85] Employee O is showed in CN’s Amended Statement of Particulars as having reported toVancouver and to be still employed by CN. But, the documents produced at the hearing indicatethat this employee did not report to Vancouver. He stayed in his home province, which accordingto Ms. Storms “was using all of the employees that were there.”[86] Employee QR was covering a shortage at Hornepayne when the recalled procedurestarted, so he did not have to report to Vancouver right away. After he finished covering the2010 CHRT 24 (CanLII)Hornepayne shortage, he did report to Vancouver but during the period of November 8 th , 2005 toDecember 20 th , 2005, he only worked three days. Before November 8 th , he seemed to have beenworking pretty steadily. Ms. Storms testified that she could not speak for the period starting onNovember 8 th , but she did add that there was still a shortage in Vancouver at that time.[87] Another employee, Employee M, reported to Vancouver on March 25 th , 2005, butbetween that date and the end of 2005, the documents indicate that he only worked thirty four (34)shifts. More specifically, between September 17 th and December 31 st , he only workedten (10) shifts. The documents show that this employee was absent a significant amount of time.The documents also indicate that between November 30 th and December 31 st , 2005, thisemployee was absent without leave. Ms. Storms testified that she had no idea of the reason forthis absence. She added that only his supervisor could give a reason. This employee was notdismissed.[88] Employee A went to Vancouver for approximately two (2) months. On May 14 th , 2005,he was transferred to Kenora. Ms. Storms testified that the supervisor who made the decision toset him up in Kenora “expected or projected” that there would be work for this employee at theterminal. But again, the documents indicate that from May 17 th , 2005 to August 4 th , 2005, thisemployee worked three (3) shifts in Kenora and that from November 1 st to the end of December,