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16the same difficulties with childcare. She also requested that her situation be considered on acompassionate basis under the collective agreement and that she be allowed to wait out untilVancouver no longer required her services or until there was work available at the Jasper terminalor at the adjacent terminal in Edson. A copy of this letter was also sent to Ms. Storms.The Complainant did not receive an answer to this letter.[67] Ms. Storms testified that she did not “specifically” recall this letter. She added that if shedid receive the letter, and knowing that Mr. Lyon was “helming” the file, she would haveforwarded it to him.2010 CHRT 23 (CanLII)[68] The last paragraph of that letter stated: “I can’t possibly be expected to put my familythrough upheaval to move them for an undetermined length of time at a whim. Employees withrestrictive medical conditions have in the past been accommodated to hold regular yard jobs i.e.diabetics when their seniority would not permit other work in the terminal instead of forcing themto relocate to where they could hold. Is it reasonable to ask the same considerations for parents ofyoung children if they demonstrate the need” and then she goes on “I’m asking you to consider mysituation on a compassionate basis”. On cross examination, counsel for the Complainant askedMs. Storms if that had indicated to her that the Complainant was seeking accommodationregarding her family status. Ms. Storms answered: “No. I wouldn’t have thought about it likethat. When you are looking for a leave of absence, you go to your own supervisor. He may haveconferred with Human Resources who look after that type of things. Most of our employees or agood deal of our employees have children and it was not a common consideration to request to beexcused from protecting shortages. I would have expected Mr. Pizziol to contactHuman Resources about this kind of thing. ” (The emphasis is mine.) No evidence thatMr. Pizziol contacted Human Resources regarding the Complainant’s situation was produced atthe hearing.[69] On March 29 th , 2005, the Complainant wrote to Joe Lyons, copying both Mr. Pizziol andMs. Storms. In this letter she wrote that she had not receive notification in writing informing herthat she was being forced to protect the shortage in Vancouver, although other employees in

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