Author Archives: Admin Staff

Federal Court of Appeal rules CBSA discriminated against PSAC member Fiona Johnstone by failing to accommodate her family obligations

PSAC is pleased to report that the Federal Court of Appeal has today unanimously upheld the groundbreaking decision of the Canadian Human Rights Tribunal. The decision found  the Canada Border Services Agency (CBSA) discriminated against PSAC member, Fiona Johnstone by failing to accommodate her family obligations.

Ms Johnstone worked as a Border Services Officer at CBSA, requiring a fixed-shift schedule to arrange for child care. The employer refused to consider her request, given its view that it had no obligation under the Canadian Human Rights Act to accommodate her personal choices around childcare.

PSAC supported Ms Johnstone throughout this lengthy human rights and Federal Court battle.

In upholding the decision of the Tribunal, the Court of Appeal rejected the narrow approach to family status accommodation argued by the government. The Court confirmed that human rights legislation is to be interpreted in a broad and liberal manner and that family status includes child care and other legal family obligations.

The Court emphasized that there should be no hierarchy of rights, such that the test for family status accommodation was more difficult to meet than the other grounds of discrimination. Instead, employers are required to conduct a case-by-case analysis with a view to accommodating the particular needs of individual employees.

PSAC wishes to congratulate Fiona on yet another win in this long legal saga which advances the law for all Canadian workers.

The PSAC is particularly pleased that this is a meaningful victory for all working families in Canada.

Source: Public Service Alliance of Canada

Any changes in sick leave must be negotiated

Recently CBSA sent an email notice to employees at CBSA promoting a “Workplace Wellness and Productivity Strategy for federal government employees”. This notice promoted a new employer strategy for managing sick leave and long-term disability across the federal public service, but it failed to mention one very important fact: this new strategy has not been negotiated with our union.

PSAC and CIU have not agreed to the employer’s strategy. The current sick leave and disability systems remain in place. No changes have been made to our collective agreement.

Any modification to the current sick leave system must be negotiated with our union. Changes cannot be unilaterally imposed by the employer – no matter how badly they may wish to do so. And the national leadership of both PSAC and CIU have stated that we will be fighting to defend our sick leave provisions in the coming round of bargaining.

Negotiations have yet to begin between PSAC and Treasury Board. CBSA is once again spreading misinformation.   We are consulting our legal counsel to determine if additional legal action may be taken against CBSA for this latest communication.