View cases - Stewart McKelvey

18March 26 th to the end of April, he only worked 7 days at his home terminal, but Ms. Storms addedthat we must be careful when looking at this information as those tours can last two (2) or three(3) days each, although no evidence confirming that this was the case for this employee wassubmitted. The employee was again laid off on April 24 th , 2005. From that date to the rest of theyear, this employee moved around within the Saskatchewan zone “taking a clearance” at otherterminals.[79] The expression “taking a clearance” refers to the situation where a laid off employee withseniority in the Western region elects to go to another terminal where a position he can hold isavailable. When a position becomes available at his home terminal, the employee will returnthere. If an employee is exercising his seniority and “takes a clearance”, he or she is said to beworking and will not have to report to cover a shortage.2010 CHRT 22 (CanLII)[80] Employee Y was also called to protect the shortage in Vancouver on February 25 th , 2005.On that day he was on a “leave of absence”, but according to Ms. Storms, CMC would havecontacted him within the next few days. Ms. Storms added that she had checked into thisemployee’s work record and that it indicated that he was “Absent without Leave” on March 4 th ,2005. This employee was eventually “set up” at his home terminal on March 15 th , 2005.On April 9 th , he was laid off again and then on April 30 th , he was given a leave of absence by histrainmaster. That leave of absence lasted until May 13 th when he was again laid off. On June 5 th ,he was again given a leave of absence until June 19 th . On June 20 th , he was “set up” in Saskatoonand worked there until July 1 st and was laid off again on July 2 nd . On July 9 th , he was “set up”again in Saskatoon. On November 4 th , he took a leave of absence and then on November 13 th ,he started training as a yardmaster. He trained as a yardmaster until Christmas and then he stayedon the working board until the end of the year.[81] Ms. Storms testified that this employee was “dodgy” and “making himself unavailable”.She added that when he was “set up” at this home terminal, he didn’t have to report to cover theshortage, but when he was laid off in early April he should have reported, but did not.