The Federal Court of Canada recently released companion
decisions that give some helpful guidance to employers in handling
requests for work accommodations for child care. These cases help
to highlight the unique and challenging issues employees and
employers face in trying to balance employment and family duties
and obligations.
Refusal of fixed full time shifts to accommodate child
care
In the first case, Canada v. Johnstone 2014 FCA 110 the Federal
Court upheld prior decisions that a border services officer had
been discriminated against on the basis of family status because
her requests for fixed full-time shifts to accommodate her child
care needs were refused. Full time employees were assigned rotating
irregular shifts, with five days on, three days off. The employer
had an unwritten policy that full-time hours would not be provided
to employees requesting accommodation on the basis of child-rearing
responsibilities. Those sorts of accommodations were
