A discrimination claim made by a government employee who was asked to return to the office after working from home has been dismissed by the Federal Court of Appeal, despite the employee's argument that the order was unfair as she was a married mother of five..“Not every conflict between one’s professional obligations and one’s family responsibilities constitutes prima facie discrimination,” wrote Justice Anne Mactavish of the Appeal Court. .“Parents usually have various options available to meet their parental obligations.”.In 2016, Anjie Tarek-Kaminker, a federal Crown prosecutor in Toronto, had her arrangement to work from home two days a week cancelled by her manager, who deemed it “no longer feasible.”.“It limited her ability to conduct lengthy trials before Ontario Superior Court, something the employer says would be a normal expectation for prosecutors,” the Court noted..According to Blacklock’s Reporter, Tarek-Kaminker claimed discrimination, arguing that as a working mother, she was “unable to attend many medical appointments and school meetings to the detriment of her children’s needs.” .Tarek-Kaminker, an observant Jew, admitted that she frequently missed religious observances..The federal Public Sector Labour Relations and Employment Board dismissed Tarek-Kaminker’s complaint in 2021. An arbitrator wrote she was “given to hyperbole,” “less than frank” and submitted no evidence such as “the family’s nanny situation,” her husband’s participation in family life and “the availability of extended family to assist in caring for the children.”.The complaint was made before COVID-19 lockdowns, which resulted in over 250,000 federal employees being instructed to work remotely. .In response to the pandemic, on March 11, 2020, the government directed approximately 287,978 employees to work from home as a safety measure. .As part of this transition, the department of Public Works allocated $36.3 million towards providing desks, chairs, and other necessary equipment for employees to set up functional home offices..According to the Treasury Board's Guidebook for Departments on Easing Restrictions, managers are responsible for prioritizing employees' physical and psychological well-being..As of March 22, 2022, COVID-19 vaccination rates within the federal public service were exceptionally high, with approximately 99% of employees vaccinated. .This makes the federal public service among the highest vaccination rates compared to other Canadian employers..In a submission to the Senate National Finance committee on March 23, the Board stated that it did not know the number of government employees currently working from home..“The information is not systematically tracked in a centralized database,” it said. .“As such, it is not possible to determine the number of Public Service Alliance of Canada members working from home versus those working in the office.”.“We were in a situation where public servants had to work by necessity from home and thereafter started to be able to work up to three days from home because we’re developing that hybrid model,” Treasury Board President Mona Fortier testified on May 3 at the Senate committee. .“We are trying to get the best of both worlds.”
