View cases - Stewart McKelvey

59had trained its managers well enough that they have the abilities to make good managementdecision, protecting the operation and making, where necessary, small adaptations or smalladjustments to the working conditions of the employee.[212] Ms. Ziemer gave various examples of situations where CN had accommodated employeeson the basis of “family status”, starting with her own situation. She explained that her husbandhad been severely injured in a skiing accident. For a period of ten weeks, he could not move hisarm or upper body. During this period, she explained that she was allowed not to travel and wasgiven a flexible working schedule. She also testified to the accommodations given to anindividual in Vancouver so he could be available for his son who was involved in illegal activities,including gang-related activities and to a Conductor whose daughter had a significantpsychological breakdown. This employee was allowed to work closer to home for a ratherlengthy period of time. She added that CN had also accommodated a market manager upon herreturn from parental leave because her child had a severe eating disorder. This employee wasgiven additional time off upon completion of her parental leave.2010 CHRT 22 (CanLII)[213] On cross-examination by Counsel for the CHRC, Ms. Ziemer was reminded of two otherexamples that she had referred to in the Seeley hearing. One of these was an accommodation foran employee which allowed him to be absent from the working board every second weekendbecause he only had visitation rights for 48 hours every two weeks. The other was anaccommodation granted to an employee who was involved in a lengthy custody battle in Court.This person was given additional time off for this reason.[214] She further testified that most of these cases had been dealt with at the local level. Shefurther added that supervisors are trained to pick up on that type of request. But, she stated“unfortunately we can't supervise what they're doing out there in the field in terms of putting theactual teachings to use. We would like to think that they are well conversant in our policies, welltrained. But whether or not that Supervisor A at Location B would be able to pick up on the issuecoming forward, I can't say definitively that that would happen.”