View cases - Stewart McKelvey

26covering shortages in the past and her eagerness to get back to her railroad career. She alsoexplained how her son had been affected by her absence when she covered the shortage inSt. Louis and how it continued to affect him to this day. She outlined all the factors she took intoaccount, including the fact that her son’s father would not entertain her taking his son away fromJasper and how, given his seasonal work, he was not in a position to come with her to Vancouverto care for him. She added that she would have “loved” to go to Vancouver, but that her situation,because of her son, did not allow for this. The Complainant also testified as to her son’s medicalcondition and the steps she had taken in trying to get a proper diagnosis and appropriate treatmentfor him.2010 CHRT 22 (CanLII)[111] On March 18 th , 2005, on the advice of her Union, the Complainant wrote a letter toJoe Torchia. In this letter she set out her family and work history. She explained that in Jaspershe had support and had made arrangements so that she could fulfill all her parental obligationsand also work as a Conductor. She said: “…going to work in Vancouver on my own would beunacceptable. Taking my son with me is not an option either.” She also explained: “I am gettingextremely close to being set up here in Jasper, in fact I made an emergency trip here onFeb. 27, 2005. I am the senior person laid off.” She concluded by saying: “I am appealing toyour sense of compassion and understanding in asking you to excuse me from being forced toVancouver. Please allow me to keep my promise to my son, please allow me to remain in Jasper.”[112] Mr. Torchia testified that he had read this letter and had contacted Ms. Storms at CMCabout it. He was then informed that there was more than one request of this nature. He instructedCMC to allow the Complainant an extension of time to report based on the fact that she had“certain issues” and needed more time to “attend to her affairs.” He further added that on readingthis letter, he felt that this was the right thing to do.[113] Mr. Torchia added that he advised Ms. Storms to also grant an extension of time to reportto Cindy Richards and Denise Seeley, since their situations were very similar to that of theComplainant. Mr. Torchia further testified that he did not reply to the letter or spoken directly tothe Complainant because he had given her what she needed: additional time to report to