February 8, 2020 – Employee unjustly dismissed after refusing cannabis test

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Aircraft maintenance engineer terminated after refusing cannabis test

 

DECISIONS

  • Freeze violation — Canadian Helicopters Limited v OPEIU — 2020 FCA 37
    Judicial review of CIRB decision — employer found to have violated Labour Code freeze — unionization drive required no change in employment conditions — new pilots hired at different wage scale below current pilot wages — judicial review denied — Board found that change in terms went beyond ‘business as before’ — Board was entitled to finding of fact
  • Out of time — Brush v Air Canada — 2020 BCCRT 133
    Plaintiff claimed airline’s failure to credit Aeroplane points for flight — plaintiff paid $2,288 — points were missing from Aeroplane account — plaintiff filed action after numerous attempts to resolve issue with Air Canada — Air Canada denied plaintiff his claim — plaintiff continued to send claim letters — plaintiff was out of time — first response was enough to make plaintiff aware of airline’s position; should have launched action earlier
  • Wage premium — Unifor v Air Canada — 2020 CanLII 7799 (CA LA)
    Policy and individual grievance — union claimed employer was not paying $1.00/hr premium for special assignment when employees attended training off-base — grievance dismissed — collective agreement defined ‘base’ as a place where employees are employed — employees could not be assigned outside location where colleagues worked for Air Canada
  • Termination — Air Canada and CUPE (J.D.) — 2020 CarswellNat 183 (CA LA)
    Flight attendant suspended pending termination — employee engaged in workplace harassment and discrimination: nationality/ethnic origin toward flight attendant — harassing comments — investigation proved allegations — grievor discharged from employment — grievor took sensitivity training of his own initiative — apologized for comments — grievance upheld — employer had just cause to discipline; not enough cause to terminate — unpaid suspension substituted

 

CTA DECISIONS

  • Application — Upper Valley Aviation Ltd. — Determination No. A-2020–17
    Pursuant to section 61 of the Canada Transportation Act
  • Application — Jet Up Aviation, LLC c-o-b as Jet Up Aviation — Determination No. A-2020-16
    Pursuant to subsection 73(2) of the Canada Transportation Act
  • Suspension — Omni Air Transport, LLC — Order No. 2020-A-18
    Licence no. 050053, reinstated effective February 5, 2020
  • Suspension — Freedom Aviation, Inc. — Order No. 2020-A-17
    Licence no. 160007, reinstated effective February 5, 2020

 

TC/TSB NEWS

 

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UNION ASSOCIATION NEWS

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UNIFOR 2002
Air Canada leadership reconvenes in Toronto for next steps in bargaining

 

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