December 5, 2018 – Proposed changes to the Canada Labour Code

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New Canada Labour Code amendments proposed

 

Decisions

  • Harassment and administrative discharge – Air Canada v Unifor 2002 – 2018 CanLII 112823
    Grievor discharged for not reintegrating to the workplace – grievor was harassed by several co-workers – granted workers’ compensation – compensation board eventually cleared for work – grievor did not feel she could continue to work – employer sensitive to concerns, but eventually discharged – arbitrator ruled dismissed grievance – also awarded grievor one years’ salary 
  • Denial of utility review – Fetaz, Re – 2018 CarswellAlta 2811
    Power commission applied for approval to construct and operate wind turbines – applicants for review operated private grass landing strip on their property – alleged affected by wind turbines – some proposed turbines affected landing path of airfield – review dismissed – original decision asked power commission to negotiate with airfield operators to ensure Transport Canada safety requirements were met.
  • Attendance protocol grievance – Air Transat A.T. inc c Personnel navigant technique de Air Transat A.T. inc. – 2018 CanLII 96134
    Pilot grieved imposition of attendance management policy – pilot so absent that she did not fulfill minimum 3 takeoff and landings required by Canadian Aviation Regulations – pilot flew regardless of breach – claimed no knowledge of breach – employer began to require medical certificates for each medical absence – union contested alleged requirement was disciplinary – employer follow-up, psychological harassment – arbitrator allowed requirement, but varied time between absence and submission of medical certificate – also found that employer follow-up was disciplinary and should be struck, but that it was not psychological harassment.
  • Non-material damages – Toledano c Air Canada – 2018 QCCQ 7845
    Civil suit in damages after long delay caused plaintiffs to lose a day beside one of plaintiffs’ dying parents – plaintiffs booked emergency flight from Montreal to Tel-Aviv – layover in Brussels – cost of flight, $9,762.52 – delay leaving Montreal – Brussels airport recovering from terrorist attack in Belgium day before – missed connection – rebooked with another carrier – other carrier refused to honour tickets – further delays on return flight – claim for damages, $25,000 and cost of tickets – claims for damages rejected – cost of tickets referred to small claims court

 

CTA Decisions

  • Application – Air Transat A.T. Inc. c-o-b as Air Transat, on behalf of itself and Travel Service –Determination No. A-2018-251
    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 – Elite Jets Charter, LLC c-o-b as Elite Jets – Determination No. A-2018-250
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended. 
  • Suspension – Bahamasair Holdings Ltd. c-o-b as Bahamasair – Order No. 2018-A-207
    License no. 130029
  • Suspension – Plus Ultra Lineas Aereas S.A. – Order No. 2018-A-206
    License no. 180006
  • Application – M & M Aviation Services, Ltd. – Order No. 2018-A-205
    Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

 

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