CBSA to appeal Federal Court family status decision

Previous ruling said employers must try to accommodate workers with child-care needs
|employmentlawtoday.com|Last Updated: 03/19/2013

The Canada Border Services Agency (CBSA) is appealing the landmark court decision that said employers have an obligation to try to provide accommodation for an employee's child-care needs.

On Jan. 31, the Federal Court upheld a 2010 Human Rights Tribunal decision that found the CBSA discriminated against Fiona Johnstone after it denied her request for fixed shifts so she could make alternate child-care arrangements.

The employee, Fiona Johnstone, worked rotating shifts — including evening and overnight shifts — as a border services officer at Pearson International Airport in Toronto. After her maternity leave, Johnstone asked for three fixed daytime shifts of 13 hours each to accommodate her child-care needs.

CBSA had an unwritten policy that employees seeking fixed shifts to accommodate child-care arrangements had to take part-time shifts and it denied Johnstone’s request.


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