April 4, 2018 – Harassment in the air

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Air Canada flight staff graded on appearance, sexually harassed by management, union alleges

  

DECISIONS

  • Application – Appointment of arbitrator – Overberg v Aerospace, 2018 ONSC 1720
    Application to appoint sole arbitrator in dispute pursuant to Commercial Agent Agreement – Sole arbitrator originally agreed to by parties – Respondent later sought to appoint different arbitrator – Respondent argued no finalized Arbitration Agreement with chosen arbitrator – Respondent had repeatedly communicated its agreement to the chosen arbitrator – Allowed, sole arbitrator appointed
  • Complaint – Jurisdiction Issue – Kufuor-Boakye and WestJet Operations Corp. (Federal Mediation and Conciliation Service), Re, 2018 CarswellNat 1118
    Unjust dismissal claim of Flight Attendant under Part III of the Canada Labour Code – Employee involved in organizing efforts – Unjust dismissal claim filed concurrently to ongoing unfair labour practice claim filed after the employee’s termination – Union then withdrew unfair labour practice – WestJet objected to adjudicator’s jurisdiction – Unjust dismissal complaint substantially similar to unfair labour practice complaint and redress available to employee – Adjudicator found he did not have jurisdiction
  • Small Claims – Lost luggage – Drolet c. Air Canada, 2018 QCCQ 1531
    Applicant claimed $14,205.38, including $10,000 for exemplary damages – Limited liability under the Montreal Convention – Some expenses claimed occurred because of Applicant’s decision to shorten vacation, not because of lost luggage – Allowed, Applicant awarded $729,40 including $200 for “stress, trouble, inconvenience and negligence”
  • Appeal – Secondary Condition Entitlement – Decision No. 666/18, 2018 ONWSIAT 825
    Flight Operations Coordinator denied to secondary conditions entitlement – Employer also appealed full loss of earnings because of availability of modified work – Payment of loss of earnings confirmed – Work tasks likely a significant contributing factor to development of left median neuropathy –  No causal connection between work and diagnosis of De Quevain’s tenosynovitis – Allowed in part
  • Appeal – Aggravation – Decision No. 2649/17, 2018 ONWSIAT 890
    Aircraft Maintenance Engineer appealed various ARO decisions with respect to loss of earnings benefits, permanent impairment and chronic pain disability entitlement – Work accident a significant contribution to ongoing condition – Allowed in part, worker entitled to ongoing entitlement for back injury

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Aerolineas Ejecutivas, S.A. de C.V. –  Determination No. A-2018-56
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Air Transat A.T. Inc. carrying on business as Air Transat, on behalf of itself and Canadian North Inc. carrying on business as Canadian NorthDetermination No. A-2018-58
    Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Air Transat A.T. Inc. carrying on business as Air Transat, on behalf of itself and Travel Service, a.s. – Determination No. A-2018-59
    Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Tantalus Air Ltd. carrying on business as Harbour Air and Harbour Air SeaplanesDetermination No. A-2018-60
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo, on behalf of itself and Air China Limited –  Determination No. A-2018-61
    Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Jetport Inc.Order No. 2018-A-45
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – M.P. Group Limited carrying on business as, among others, Execaire, a Division of I.M.P. Group LimitedOrder No. 2018-A-46
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Orca Airways Ltd.Determination No. A-2018-55
    Cancellation of Licence Nos. 080002 and 050087

 

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