A federal ruling in favour of parents grappling with irregular shift work could have wide ranging implications in an aging society.  Justice Leonard Mandamin has handed down a decision that employers must try to accommodate the childcare obligations of staff members by giving them the appropriate shifts.  Stuart Rudner is an employment law specialist with Miller Thomson LLP.  He tells the Canadian Press, “Canada’s demographics will be a factor in the emerging trend of accommodations in the workplace.”  He says, “parents are not only having to care for their children, but will increasingly be required to care for aging and ailing members of older generations.”  Rudner predicts cases involving elder care will surface in court before too long.

The recent ruling stems from the case initiated by Fiona Johnstone, who worked rotating shifts with the Canada Border Services Agency at Toronto’s Pearson International Airport before having her first child.  Johnstone argued the agency refused to accommodate her request for more stable hours, which would have allowed her to arrange for child care.
The Canadian Human Rights Tribunal found the border services agency had discriminated against Johnstone on grounds of family status.  The federal court ruling upholds the tribunal’s findings.  Justice Mandamin’s decision states that requests for childcare accommodations stem from legitimate needs and are not simply the result of lifestyle choices.