View cases - Stewart McKelvey

24[101] There was no response from the Company to the Complainant’s letter and no evidence ofanybody from CN informing her that she had been granted an extension of time to report.[102] Mr. Torchia further testified that at about the same time, he received a call from BryanBoechler, the General Chairperson of the Union, in respect to the Complainant, Kasha Whyte andDenise Seeley. He said that Mr. Boechler had indicated that these employees were having “childcare issues” and he requested that they be granted more time to report to Vancouver. Mr. Torchiatestified that he believes that, at that point, an extension had already been granted.[103] The spreadsheets prepared by the CMC regarding the recall do not support Mr. Torchia’sevidence. On the sheet dated “March 18/05 as of 13:00” a notation in the row for theComplainant states: “Message at residence to get medical done – wants 15 days.” The notation2010 CHRT 24 (CanLII)marked in the row for K. Whyte reads “15 days to report. 30 requested – OK to March 29 th perA. Nashman” and in the row for D. Seeley, the notation states “16 days to report, 30 requested –OK to April 6 th per A. Nashman.”[104] In a letter dated April 25 th , 2005, the Complainant was instructed by Mr. Lyon to adviseCN, by May 6 th , 2005, whether or not she would be reporting for work in Vancouver. The letterfurther advised the Complainant that failure to do so would result in her forfeiting her seniorityand her services with the Company being “dispensed with.” Ms. Storms testified that she did notrecall being involved in the drafting of this “standard letter out of her office.” She added that shewas aware at that time that the Complainant “had child care issues” and that her “understandingwas that [she] was not going to report.”[105] On May 1 st , 2005, the Complainant wrote to Mr. Torchia requesting a compassionateleave of absence from protecting the shortage in Vancouver. In her correspondence, she states,inter alia, :I would ask that you would please consider the following, regarding the recentnotification to protect the shortage in Vancouver, as this is a plea forcompassion… I am a single mother of two school age children. My daughter is in