View cases - Stewart McKelvey

57[205] CN “Accommodation Guidelines” explains that the objective of the Policy is “to ensurethat working conditions are not a barrier to employment.” It also makes clear that CN has to showflexibility in eliminating any barriers and that it should make “every effort to ensure that no one isput at a disadvantage because of a special need or requirement.”[206] The policy also defines the process to be followed in case of a request for accommodationwhere one of the enumerated grounds is raised and it provides a checklist to be followed bymanagers and supervisors in case of such a request. The Policy explains:• The first thing to do when an employee reports a problem or special need is tomeet with the individual. Allow the employee to present the problem or need, askquestions to fully understand the request, and together discuss possible solutions.2010 CHRT 22 (CanLII)• If no solutions can be identified in this manner, do not reject the request outright.Ask for advice, seek other solutions to the problem, and evaluate the impact of anypotential accommodation with the appropriate functions, including the Peopledepartment, among other. The employee has the responsibility to participateactively in the process, and to facilitate reasonable accommodation. Unions alsohave a recognized and important role and responsibility in the accommodation ofthe needs of employees.• It is extremely important to keep records of the meeting held, the various solutionsproposed, and the arguments used to accept or reject each option.This information is indispensable in the event of a complaint.• Promptly inform the person in question of the decision taken, explaining thereasons for the decision. In the event that a request for accommodation is denied,employees may have a right to grieve under the appropriate grievance procedureor make a complaint under the CHRA.[207] Ms. Ziemer testified that the Policy is aimed at doing an individualized assessment of theemployee's situation, since every situation is different. In the case of the Complainant it is clearthat no individualized assessment was done.[208] The person responsible for the accommodation policy at CN’s Edmonton office is, asindicated earlier, Mary-Jane Morrison, a Human Resources Officer. It is with her that people who