The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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Bill 203 – Proposed new employee rights to information about compensation in the workplace

March 15, 2018

The Ontario government introduced Bill 203, the Pay Transparency Act, 2018 (the Act) on March 6, 2018. If passed, the Act will come into effect on January 1, 2019 and will establish requirements relating to the disclosure of information about compensation (salaries and benefits) of employees and potential employees. In particular, the proposed legislation will: ban employers from seeking information about previous compensation from a job applicant, whether personally or through an agent. A job applicant may voluntarily disclose such information to an employer; require employers to include information about the expected compensation or range of expected compensation on publicly…

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March 13, 2018 – TC Urged to Mandate Drug and Alcohol Testing and Accommodation for Pilots

March 13, 2018

TOP STORY Addressing substance abuse in the aftermath of tragedy   DECISIONS Judicial Review – Security Clearance – Byfield v. Canada (Attorney General), 2018 FC 216 Review of decision to deny security clearance to baggage handler based on previous criminal acts and associations – Applicant was given sufficient opportunity to respond to the Minister regarding questionable activities on Law Enforcement Records Check – Minister’s decision was within the realm of reasonable outcomes – Dismissed CIRB DECISIONS Bargaining Unit Certification – COPE – Canadian Helicopters Limited dba Canadian Helicopters Offshore, Order No.: 11231-U all Aircraft Maintenance Engineers and Apprentices working…

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March 6, 2018 – PSAC Union Decertified at Swissport’s YVR Location

March 6, 2018

TOP STORY Swissport Canada Fuel Services Inc., Order No.: 11230-U Revocation – Bargaining Unit – PSAC – all supervisors and administration employees of Swissport Canada Fuel Services Inc., working at the Vancouver International Airport, excluding the Payroll and Benefits Administrator, Facilities/Environmental Manager, Safety/Training Manager, Maintenance Manager, Operations Manager and Manager of Fuel Services – Certification revoked   DECISIONS Grievance – Lead Flight Attendant Pay Rate – Canadian Union of Public Employees, Air Canada Component v Air Canada Rouge, 2018 CanLII 7698 Whether Lead Flight Attendant (LFA) pay to be paid when Flight Attendant (FA) unable to work a scheduled flight…

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Federal Budget 2018 – Key labour and employment-related provisions

March 5, 2018

The federal government tabled its 2018 Budget, entitled “Equality + Growth: A Strong Middle Class” in the House of Commons on February 27, 2018. We have summarized below those measures announced in the Budget that have labour and employment consequences. 1. Pay Equity – new proactive legislation The federal government has announced that it will take steps to reduce the gender-based wage gap in Canada. One of these steps will be to introduce new, proactive pay equity legislation that will apply to employers in federally-regulated sectors with more than 10 employees, including the federal public service. This legislation will be…

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February 27, 2018 – CFPA Blames the Feds

February 27, 2018

TOP STORY Spike in aviation accidents and incidents mirror cuts to oversight   DECISIONS Case Management Conference – Scheduling – The Commissioner of Competition v Vancouver Airport Authority, 2018 CACT 3 Rescheduling dates for redetermination Grievance – Failure to Attend – Swissport Canada Inc. v Teamsters Local 419, 2018 CanLII 6256 Grievor failed to attend grievance hearing – Explanation for absence at hearing not reasonable and did not meet unforeseen matter of urgency test – Grievances dismissed CIRB DECISIONS Complaints – Unfair Labour Practice – Swissport Canada Handling Inc., 2017 CIRB 863 Complaint of duty to bargain in good faith,…

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Arbitrator reinstates nurse discharged for disparaging remarks

February 22, 2018

A nurse who was discharged from her employment for making disparaging comments about her employer has been reinstated. In North Bay Regional Health Centre v. Canadian Union of Public Employees, Local 139 (February, 2018), the issue for the arbitrator was whether the grievor’s public comments violated the basic duty of loyalty that she owed to her employer. The comments in question were made at a union-sponsored provincial conference for nurses. The focus of the conference was violence in the workplace. During the conference, without advance notice, the grievor was asked to speak about workplace violence in the nursing profession. Some…

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February 20, 2018 – Collision With Unmanned Aerial Vehicle

February 20, 2018

TOP STORY TSB Aviation Investigation A17Q0162   DECISIONS Refund – Flying Lessons – Lim v. Académie Aéronautique inc., 2018 QCCQ 282 Claim for balance of prepayment for flying lessons never used – Crossclaim for balance of invoice and defamation – Claim allowed, awarded $2,218.00 plus costs of $100 – Crossclaim dismissed CIRB DECISIONS Decertification – Garda Security Screening Inc.; Order No.: 11226-U Teamsters decertified – all employees of Garda Security Screening Inc. employed at the Regina International Airport, Regina, Saskatchewan, excluding managers and those above the rank of manager. CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Sunwing Airlines Inc….

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Court of Appeal upholds termination clause

February 15, 2018

A recent Ontario Court of Appeal decision represents a promising shift in how courts will interpret termination clauses. In Nemeth v. Hatch Ltd. (January, 2018), the employer terminated a 19-year employee. The employer provided notice, severance, benefits, and pension contributions, all in accordance with the Employment Standards Act, 2000 (the “ESA”), based on its interpretation of the following termination clause: The Company’s policy with respect to termination is that employment may be terminated by either party with notice in writing. The notice period shall amount to one week per year of service with a minimum of four weeks or the…

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February 13, 2018 – TSB examines near miss at YYC

February 13, 2018

TOP STORY Lack of coordination contributed to a 2016 runway incursion at Calgary International Airport, Alberta DECISIONS Passenger Complaint – Motion to Strike – Sultana v. Air Canada, 2018 CanLII 3446 Passenger claim for $50,000 due to failure to be provided Halal meals as pre-ordered on two flights – Claim untenable at law – Motion to strike granted as no reasonable cause of action – $1,000 in costs awarded to Air Canada Grievances – Syndicat canadien de la fonction publique, section locale 4041 c Air Transat A.T. inc., 2018 CanLII 4649 Grievance over two suspensions and dismissal for “no show”…

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The Top Employment Law Cases of 2017

February 8, 2018

It is undeniable that 2017 was an exciting and important year in employment law. The courts wrestled with complicated and difficult questions, including when can an employee be terminated for drug or alcohol use? And, can an employer require an employee to undergo an independent medical examination? There was a broad range of contentious issues such as these that came before the courts last year, with the end result being that a number of precedent-setting decisions were handed down in 2017. These cases were featured at Emond Harnden’s “Year End Update Breakfast”, hosted by Jacques Emond and Porter Heffernan on…

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February 6, 2018 – ATAC Believes One Rule Does Not Fit All

February 6, 2018

TOP STORY ATAC mounts lobbying push in Ottawa   DECISIONS Appeal – Disclosure – Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24 Appeal of motion for disclosure dismissal – Airport Authority claims class privilege finding not supported – Jurisprudence not applicable and later overtaken by Supreme Court jurisprudence – Appeal allowed and matter sent for redetermination Scheduling – Redetermination – The Commissioner of Competition v. Vancouver Airport Authority, 2018 CACT 2 Scheduling matters due to Federal Court of Appeal sending back disclosure motion for redetermination   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Swoop Inc. – Order No. 2018-A-20…

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Bill C-65 – Amendments to the Canada Labour Code dealing with harassment and violence and to the Parliamentary Employment and Staff Relations Act dealing with occupational health and safety

February 5, 2018

In the wake of allegations of sexual misconduct, debate is slated to begin on the federal government’s Bill C-65, which, if passed, would toughen protections against workplace violence and harassment, including sexual harassment and violence, in federally-regulated workplaces. Bill C-65, tabled in November 2017, would amend the Canada Labour Code (the “Code”) to overhaul and bolster the obligations on employers to prevent, investigate, and take action on occupational health and safety incidents. Bill C-65 would also ensure the application of those same provisions to parliamentary and political staff, governed by the Parliamentary Employment and Staff Relations Act (“PESRA”). On January…

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January 30, 2018 – Alcohol Testing Policy Upheld

January 31, 2018

TOP STORY Gate Gourmet Canada v Unifor Québec, section locale 698, 2018 CanLII 1647 Grievance – Termination Worker refused test for alcohol after Employer suspected drinking during working hours – Zero tolerance policy enforced – Employee refused test and left grounds against Employer’s request – Termination upheld – Employer’s actions were reasonable   DECISIONS Appeal – Passenger Rights – Delta Air Lines Inc. v. Lukács, 2018 SCC 2 Complainant alleging air carrier’s practices regarding transportation of obese persons are discriminatory – Agency dismissed complaint on basis that complainant lacked standing – Whether Agency reasonably exercised its discretion to dismiss complaint…

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January 23, 2018 – Flight school in Nunavik trains Inuit to fly in the North

January 23, 2018

TOP STORY Flight school in Nunavik trains Inuit to fly in the North   DECISIONS Passenger Claim – Failure to Provide Services – Matar c. Royale Jordanien Airlines, 2017 QCCQ 14816 Claim for $3,000 for failure to provide use of a wheelchair or hotel room during stopover – Plaintiff not a proper party – Hearsay evidence – Dismissed     CANADIAN TRANSPORTATION AGENCY DECISIONS Application – ACM Air Charter Luftfahrtgesellschaft mbH – Order No. 2018-A-14 Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Sunwest Aviation Ltd. – Order No….

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January 16, 2018 – Who’s Going to Fly the Plane?

January 16, 2018

TOP STORY Who’s going to fly the plane? Pilot shortage could get worse for regional carriers   DECISIONS Passenger Claim – Overbooking – Paine v Air Canada, 2017 NSSM 7 Claim for $2,400 for failure to allow passengers to board due to overbooking – Burden of proof not met by Plaintiff – Dismissed   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – EPE SPA Air Algérie c.o.b. as Air Algérie – Determination No. A-2018-4 Pursuant to section 77 of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – KBM Forestry Consultants Inc. c.o.b. as KBM Resources Group – Determination…

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