December 14, 2018 – Service director conjures illness to avoid work, doesn’t make termination disappear

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Air Canada and CUPE (JL) – 2018 CarswellOnt 19737

Termination grievance – Service director with 7 years of service and a 10-day suspension and final warning on record was terminated – abuse of sick leave – grievor was magician and performer – booked show conflicting with work schedule – attempted to make conflict work – day before conflict, grievor came down with neck pain – booked off – now free due to sick leave, performed at show on conflict day – just cause established, grievance dismissed – grievor’s record showed prior issues, demanded his “exemplary conduct” – grievor misled employer by using sick leave for personal gain, just cause established

 

Decisions

  • Workers’ compensation – Decision No. 705/18 2018 ONWSIAT 3451
    Female aircraft mechanic claims for two workplace injuries – the employer objects on appeal – the first injury to the left shoulder and neck was not related to employment – the second injury to the spine was issue estopped – Tribunal finds for both of the employer’s objections – worker alleged supervisor assaulted her causing first injury – Tribunal found that worker’s evidence did not establish assault – second injury was already adjudicated

 

CIRB Decisions

  • Certification – Executive Air Craft Ltd. Order No. 11341-U
    Public and Private Workers of Canada, Local No. 5 certified the following bargaining unit:
    all employees of Executive Air Craft Ltd. at the Vancouver International Airport, Vancouver, British Columbia, employed as Line Crew, Customer Service Representatives, and Building Maintenance staff, excluding administrative staff, pilots, members of the principal owner’s immediate family and those performing management functions or employed in a confidential capacity in matters relating to industrial relations.

 

CTA Decisions

  • Application – Nxt Jet, Inc. of Bedford Heights, Ohio, USADetermination No. A-2018-264
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Advanced Heli-Flight Ltd.Determination No. A-2018-262
    Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Sunwing Airlines Inc. and TUI Airways Limited c-o-b as TUIDetermination No. A-2018-261
  • 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. c-o-b as Air Transat, on behalf of itself and Condor Flugdienst GmbHDetermination No. A-2018-
    260

    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 – Y2K Aviation LLCDetermination No. A-2018-258
    Suspension of licence no. 120074
  • Application – Sunwing Airlines Inc., on behalf of itself and Travel Service, a.s. Determination No. A-2018-255
    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 – Flight Options, LLCOrder No. 2018-A-220
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Partner Jet Inc.Order No. 2018-A-211
    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 – Jet Linx Aviation, LLCOrder No. 2018-A-210
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • 2019 regulated interswitching rates – Determination No. R-2018-254
    Pursuant to Part III, Division IV of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Suspension – Air Tahiti NuiOrder No. 2018-A-217
    License no. 110029  reinstated effective December 5, 2018
  • Suspension – Air Tahiti Nui Order No. 2018-A-216
    License no. 150099  reinstated effective December 5, 2018
  • Suspension – Air AustralOrder No. 2018-A-215
    License no. 150106
  • Suspension – Aero Ways Inc.Order No. 2018-A-214
    License no. 110076
  • Suspension – TEM Enterprises c-o-b Casino Express and as Xtra AirwaysOrder No. 2018-A-213
    License nos. 970088 and 977344
  • Suspension – Gran-Aire, Inc.Order No. 2018-A-212
    Licence no. 977078
  • Suspension – OpsMobil Inc.Order No. 2018-A-209
    Licence nos. 962543 and 970019

 

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