The approach in Johnstone (and the companion case of CNR v. Seeley and Canadian Human Rights Commission, released the day after the Johnstone decision) is the latest development in the continuing debate over the extent of the duty to
accommodate employee childcare obligations.
Not exact matches
Employer Obligated to
Accommodate Employee's
Childcare Obligations: Attorney General of Canada v. Johnstone
Employers in BC have an obligation to
accommodate an
employee's
childcare obligations where a workplace policy, rule or standard imposes upon the
employee «serious interference with a substantial parental or other family duty».
Ms Johnstone was unable to find
childcare that would allow her to continue with her rotating shifts, the CBSA did not inquire into her circumstances, the move to part - time affected her pension and benefits entitlements, and the CBSA had
accommodated other
employees on religious and medical grounds.
Although the debate over the extent of employers» duty to
accommodate employees»
childcare obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based on family obligations, taking into account such factors as:
Johnstone set off a firestorm of debate at the start of this year when the court affirmed the Canadian Human Rights Tribunal's decision that employers had the legal obligation to
accommodate an
employee's family status — including parental responsibilities, specifically finding
childcare.
The employer's duty to
accommodate will be tempered by the three factors (listed above) that the tribunal will consider, which in turn seeks to balance the responsibility for
childcare issues between the employer and the
employee.
b. are there realistic alternatives available for the
employee to provide for
childcare: has the
employee had the opportunity to explore and has explored available options; and is there a workplace arrangement, process, or collective agreement available to the
employee that may
accommodate an
employee's
childcare obligations and workplace obligations;
While
employees may request accommodation for
childcare and eldercare obligations under human rights legislation on the basis of «family status,» the full scope of these protections — and the extent to which employers must
accommodate — is still under development.