View cases - Stewart McKelvey

19implies. Your letter also implied I have not provided a response to the Company ofwhether or not I will be reporting for work in Vancouver. I provided a response ina letter dated March 26 to CN Supervisor (Jasper) C. Pizziol.E. Storms also received from me a copy of a letter I addressed to J. Lyons,requesting to receive notice of recall that was sent out to other employees affected.I have since been waiting for a decision or response to my requests and to datehave not received any. The only correspondence I have received is your letterthreatening to terminate my employment with the Company. My correspondence isbeing ignored by CMC management and treated as if it does not exist. This refusalto acknowledge my requests, the persistent phone calls stating I must report forduty or lose my seniority, and the run-around I am receiving is harassment and Iask that it stops.Since the time I sent these letters in March, shortly after my medical with Medisys,I suffered a spinal injury resulting in a fractured vertebra and am still in arecovery process. I cannot work anywhere at this time. I did not informCrew Management, as I was waiting to hear back from the Company with adecision whether or not to honour my request that would allow me to remain inlaid-off status for compassionate reasons.As I have again responded in a timely manner before the latest deadline you haveimposed I hope you will do the same and I ask that you relinquish the deadlineuntil you have informed me in writing of your decision based on my request for acompassionate allowance.In the meantime, I am medically unable to report for duty and upon hearing fromyou I can provide a medical report to verify my injury.2010 CHRT 23 (CanLII)[78] The Complainant did not receive a response to this letter.[79] On July 4 th , 2005, Ms. Gallegos informed the Complainant that her seniority rights hadbeen forfeited and her employment terminated because she had failed to cover the shortage inVancouver. The Complainant’s union filed a grievance on her behalf challenging the decision toterminate her employment. The grievance was never processed to the hearing stage.[80] Ms. Storms testified that the manager of the division is the primary decision maker interms of granting or not an employee’s request to be relieved from reporting to a shortage.He would take the persons situation into account and decide what to do with it. He has the powerto either grant a leave of absence or an extension of the delay to report. She added that in the caseof a large shortage, like the one occurring in Vancouver in 2005, the manager would also discussthe situation with his general manager. In 2005, the general manager to whom Mr. Pizziol, thetrainmaster in Jasper, reported was Denis Broshko.