April 17, 2018 – Employee on “auto-pilot” Wins Unjust Dismissal Notice

Download Télécharger

TOP STORY

Roy and Northern New Brunswick Airport Inc., Re, (Canada Adjudication)

Application – Unjust Dismissal – Employee drove baggage tug while under orders not to drive any motorized vehicle during the temporary suspension of his driver’s license – Employee could not provide explanation and was terminated – Employee claimed unjust dismissal under Canada Labour Code – No application of progressive discipline, dismissal disproportionate – Reinstatement not recommended in light of employee’s disobedience, insubordination and lack of candor and honesty with Employer and during hearing – Claim for punitive damages denied – Employee awarded 10 months wages as compensation, 2 weeks wages as notice and 18 days wages as severance

 

DECISIONS

  • Appeal – Breach of Lease – Skylink Express Inc. v. Innotech Aviation, 2018 NSCA 32
    Parties with long standing business relationship where Appellant leased hangar space from Defendant – Appellant stopped paying rent during a 5-year lease extension after removing all its aircrafts from the hangar – Lower court found the Appellant was in breach of the lease – Parties had exchange about addenda to the lease in case Skylink’s needs changed – Appellant argued the exchange created collateral contract allowing it to unilaterally reduced number of planes to be stored – Application judge findings supported by evidence – Dismissed with $5,000 costs
  • Application – Access to Information – Air Canada v. Canada (Attorney General), 2018 FC 378
    Air Canada and Air Canada Rouge objected to the release of Surveillance Reports by Transport Canada in the context of an access to information request – Potential for inaccurate perception not justification for exemption to disclose – Explanatory note can be issued with disclosed reports – Applicants showed reasonable expectation of harm from disclosure, but not material harm – Dismissed
  • Application – Class Action – Pollués de Montréal-Trudeau c. Aéroports de Montréal, 2018 QCCS 1401
    Application to bring class action for noise pollution and action for declaratory judgement imposing noise level standards and mitigation measures to the Montreal Airport’s aviation activities – Application to bring action for declaratory judgement dismissed – Class action allowed under the Civil Code‘ strict liability regime
  • Application – Lost Luggage – Jurisdiction – Charbonneau c. Scoot Pte Ltd. (Scoot Airlines), 2018 QCCQ 1645
    Three plaintiffs each claimed $20,000 for loss of luggage – Defendant contested quantum and raised jurisdiction issue – Montreal International Convention provides that action damages may be brought at the domicile of the carrier or where it has a place of business – Airline does not have place of business in Quebec – Dismissed
  • Application – Small Claims – Bergeron c. Vueling Airlines, 2018 QCCQ 2135
    Allowed in Defendant’s absence, $2,500
  • Grievance – Language Interpretation – PSAC, Local 90120 and I.M.P. Group Ltd. (West), Re, (Canada Adjudication)
    Whether shift change premium applies to deployment – Adjudicator found Union interpretation to be correct, no exclusion of deployments from the payment of shift change premium – Employer claimed Union estopped from claiming premium based on past practice – Consistent long-standing practice not to pay shift change premium to employees on deployment, uncontested by the Union – Union estopped from grieving the practice – Denied
  • Class Action – Disclosure – Coalition contre le bruit c. 3845443 Canada inc. (Aviation Mauricie), 2018 QCCS 1258
    Defendants request for order to disclose documents – Admissibility of documents to be addressed during hearing – Dismissed

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Aero Jet Services, L.L.C. c.o.b. as Aero Jet ServicesOrder No. 2018-A-63
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Norwegian Air International LimitedDetermination No. A-2018-72
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Norwegian Air International LimitedDetermination No. A-2018-73
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Cargojet Airways Ltd. also c.o.b. as Cargojet RegionalDetermination No. A-2018-71
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Hi Fly Ltd. c.o.b. as Hi Fly Malta, on behalf of itself and Sata Internacional – Azores Airlines, S.A.Determination No. A-2018-74
    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 – World Class Jet, LLC c.o.b. as Horizon Jet ManagementOrder No. 2018-A-62
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – OpenSkies c.o.b. as LEVELDetermination No. A-2018-68
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Calgary Air Taxi Ltd.Determination No. A-2018-69
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Morcom Aviation Services, Inc. c.o.b. as Regal Air of Everett, Washington, United States of AmericaDetermination No. A-2018-70
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Suspension – “Airline” “Ukraine-AirAlliance” Private Joint Stock Company c.o.b. as PJSC “UAA” Order No. 2018-A-61
    Licence No. 170035 – License reinstated effective April 10, 2018

 

TC/TSB NEWS

 

INDUSTRY ASSOCIATION NEWS

 

UNION NEWS

 

AVIATION MEDIA