Duty to Accommodate – Johnstone Decision. People with disabilities may encounter many kinds of barriers on a daily basis. These can be physical, attitudinal or systemic. There is a positive obligation on employers to identify and remove barriers in the workplace.
5/21/2014 · Specifically, Ms. Johnstone requested she be entitled to work three static 13-hour shifts a week to facilitate childcare arrangements while still enabling her to work full-time for the purpose of qualifying for pension and other benefits.
After having children, Ms. Johnstone requested a fixed work schedule to accommodate her child care obligations. Although the CBSA had accommodated other full-time employees with medical issues with fixed work schedules, it declined to do so for Ms. Johnstone and, instead, offered her part-time work, which would have negatively affected her benefits, pension and promotion opportunities.
Johnstone, 2014 FCA 110. Although the case of Ms. Johnstone suggests that there may be a duty for employers to accommodate childcare obligations, the Federal Court noted that the employee may also have an obligation to make reasonable efforts to find suitable childcare before.
The duty to accommodate creates obligations for the employer, the employee, and the union: … In Canada (Attorney General) v Johnstone , the landmark family status case, a husband and wife both worked for the Canada Border Services Agency, and both worked unpredictable, duty to accommodate . In A.G. and Johnstone et al (“ Johnstone ”), the Federal Court up-held a decision by the Canadian Human Rights Tribunal (“Tribunal”) whereby it held that the Canadian Border Services Agency had discriminated against Ms. Fiona Johnstone when the agency failed to accommodate her request for a shift change to meet her child-, 5/14/2014 · Johnstone (Johnstone), wherein the FC took a broad view of the duty to accommodate family status and childcare obligations in the workplace. That decision was subsequently appealed by the Attorney General of Canada and on May 2, 2014, the Federal Court of Appeal (FCA) rendered its decision , along with its decision of an appeal in a similar family status case Canadian National …
