TOP STORY
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 North – Determination 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 Seaplanes – Determination 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 Limited – Order 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
TC/TSB NEWS
INDUSTRY ASSOCIATION NEWS
UNION NEWS
- IAMAW: Boeing drops appeal of Bombardier decision
- IAMAW: IAM passes petition to stop airport privatization to NDP
- IAMAW: NDP to take IAM anti-airport privatization petition to Ottawa
- IAMAW: Singh vows to fight airport privatization
- ICAO: ICAO Secretary General encourages greater participation of representatives of general aviation
- Unifor: Swissport-Vancouver: tentative agreement reached – Notice of ratification meetings
- Unifor: Swissport Vancouver: collective agreement ratified
- Unifor: Unifor Bargaining Committee – ORNGE base meetings
- Unifor: Getting to know your Local: March edition 2018
- Unifor: Air Canada – It’s a Barbie World
AVIATION MEDIA
- 5 British men arrested after flight from England to Las Vegas diverted to Winnipeg
- 60 years after its maiden voyage, fate and potential of Avro Arrow still debated: curator
- Aerial warfare: Abbotsford Airport aims to soar past Bellingham International
- After Boeing yields, what’s next for Bombardier CSeries?
- Air Canada appoints Robert Alan Read Vice-President, Airports, for North America
- Air Canada jet makes emergency landing at airport outside Washington
- Avro Arrow 60th anniversary marked by Calgary group constructing replica
- Bare bones travel
- Bombardier Commercial Aircraft Customer Services wins 2018 Gold Stevie® Award
- Court to hear emergency injunction filed against Alberta Health Services’ air ambulance contract
- Loomex Group joins with International Association of Airport Executives Canada
- Male worker dies after falling from roof of Billy Bishop Airport terminal
- Men removed from Vegas-bound jet in Winnipeg released without charges
- Mid-Canada Business Jet Show brings industry’s best to Winnipeg
- NAV CANADA announces ratification of collective agreement with IBEW Local 2228
- Norwegian Air Dreamliner diverts to Yellowknife Airport
- Pilot at Stuttgart Airport narrowly prevented from taking off drunk
- Plane halted after attempting take off without clearance in Thunder Bay
- Saint John Airport awaits word on federal funding for better runways
- Saint John Airport first in Canada to adopt EhEye technology
- Steelworkers ratify new deal at historic Haley Division, Magellan Aerospace
- United Airlines gives $10,000 voucher to traveller on overbooked flight
- Winnipeg Airports Authority concerned about impact of carbon tax on aviation fuel
- With Delta and WestJet eyeing joint venture, are United and Air Canada next?