View cases - Stewart McKelvey

11nature of the father’s work makes him almost unavailable to undertake any parental obligations orduties.[49] In 2002, while on lay off, the Complainant answered a canvas by the Union PacificRailroad for Conductors to cover a shortage in St. Louis, Missouri, U.S.A. She worked therefrom August 2 nd to December 15 th , 2002. At that time, she made the decision to leave her son,who was then three years old, under the care of his paternal grandparents. She testified that whileshe was away, her absence did not seem to have any negative effect on her son, but when shereturned home, she realized that leaving him behind was a mistake. She explained that he wasvery distressed by her absence. She testified that the negative emotional effects on her son wereobvious. She gave as an example, the fact that he would not leave her side and was upset whenshe was not present. When his dad would come to pick him up, he would refuse to leave. TheComplainant testified that she learned a lot from this experience and that unless, she could bringher son with her, she would not do it again.2010 CHRT 22 (CanLII)[50] In the summer of 2003, the Complainant was contacted by the human resourcesdepartment of the Union Pacific Railroad, regarding work on another shortage. She accepted theoffer and reported to work in Tucson, Arizona, U.S.A, from October 28 th , 2003 to March 15 th ,2004.[51] She testified that, given the negative impact that her time in St. Louis had on her son, shehad determined this time that she was not going to leave him behind. Working with theUnion Pacific Railway’s human resources department, she was able to arrange to rent anapartment in Tucson large enough for herself, her son and a family member. The railwaycompany covered the cost of travel to Tucson for her son and his father. After a while, thepaternal grandparents came out and took over from the father who was able to return to his workin Jasper.[52] She also testified that during that period she was by herself for a period of 1½ to 2 months.During that time, her son went back to Jasper with his parental grandparents.