View cases - Stewart McKelvey

66At the most, according to Cathy Smolynek, CN’s Senior Director of Occupational HealthServices, some process changes were made in the disability area of the Policy.[230] I have referred in my decision to the Accommodation Guidelines and have determined thatthe managers and supervisors have failed to follow this policy in the Complainant’s case. Havingreviewed the evidence, I conclude that CHRC’s request is justified.[231] I therefore order CN to work with the Commission to ensure that the discriminatorypractice and behaviour does not continue and to make sure:2010 CHRT 24 (CanLII)a) that the appropriate policies, practices and procedures are in place, andb) that CN, in consultation with the CHRC, retain appropriate persons to conductworkplace training for manager, human resource staff, CMC employees and anyother employees deemed necessary on issues of discrimination and human rightsand particularly on accommodation on the ground of family status.(ii)Reinstatement[232] The Complainant seeks an order, pursuant to s. 53(2)(b) of the CHRA, directing CN toreturn her to her employment as a Conductor with CN. Section 53(2)(b) of the CHRA states thatwhere the Tribunal finds the complaint is substantiated, it may order a respondent to makeavailable to the victim of the discriminatory practice, on the first reasonable occasion, the rights,opportunities or privileges that were denied the victim as a result of the practice.[233] In order to provide this remedy in the present case, the Complainant must therefore bereturned to her job without lost of seniority. The Tribunal therefore orders CN to set up theComplainant as a Conductor at the Jasper terminal, after she has, if necessary, updated her rulesand medical certificates.