FAQ's Cases - Stewart McKelvey

[23] The applicant continued to work until May 31 at which time he provided a furthermedical note from his doctor recommending that the applicant be off work until June 18.[24] The applicant met with Ms. Roehl on June 4 to discuss concerns the applicanthad about Mr. Castellano and his future return to work. It is agreed that the applicanttold Ms. Roehl that he was of the view that Mr. Castellano was requiring him to carry outtasks beyond his medical restrictions. The applicant contends that he also told Ms.Roehl about his meeting with Mr. Castellano on May 22 and that Mr. Castellano hadharassed him. The applicant testified that Ms. Roehl told him that she would raise thisconcern with Mr. Zbaraschuk.2012 HRTO 1455 (CanLII)[25] Ms. Roehl denies that Mr. Castellano raised any allegations of harassment anddiscrimination. She testified that Mr. Castellano’s concern focused on his workassignments including his contention that he had been assigned to pick orders forEnzo’s truck, a job the applicant considered to be particularly demanding and had beenrequired to wrap pallets, go into the freezer and to pick 500 items per shift. Ms. Roehltestified that she spoke to Mr. Castellano who maintained that he had assigned theapplicant modified duties after the applicant provided his doctor’s note and the Form 7on April 22 and that he explicitly indicated to the applicant that if a task was beyond hiscapacity because of his back that he should not do it.[26] Ms. Roehl testified that she reported the applicant’s complaints about the natureof his work assignments as well as the subsequent information she received from Mr.Castellano to Mr. Zbaraschuk. Mr. Zbaraschuk testified that Ms. Roehl did report to himthat the applicant had complained about Mr. Castellano and that he subsequently spoketo Sam Bianco, the day shift supervisor. He testified that Mr. Bianco told him thatemployees are expected to pick 500 items per shift and that while filling orders forEnzo’s truck is a major job (it requires 1800 picked items) three employees usually pickitems for it, suggesting, in effect, that it was not a more onerous job assignment. Mr.Zbaraschuk testified that he also spoke to Mr. Castellano who told him that he had aninformal practice of accommodating employees with minor injuries by allowing them to8