April 28, 2005

21.4.879

The grievor works part-time to accommodate parental responsibilities. While she is not the sole caregiver, her husband's employment requires him to work from 6:00 a.m. to 6:00 p.m. preventing him from being available to pick up their daughter from daycare in the afternoon. For the period in question, the grievor was on travel status and was required to secure additional care for her child until her husband's workday ended, at a cost of $30.00. The grievor contested the decision of the employer not to allow reimbursement of the child care expenses on the grounds that the grievor is not a sole caregiver. The grievor alleged that the operative provision of the Travel Directive is discriminatory.

The Executive Committee agreed that the grievor was treated within the intent of the Travel Directive. Section 3.3.5 excludes reimbursement of child care expenses where there is another caregiver, even where that caregiver is temporarily unavailable.

The Executive Committee noted that it did not have jurisdiction to consider the allegation of discrimination in contravention of the Canadian Human Rights Act.

The grievance was denied.