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

TOP STORY

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

 

INDUSTRY ASSOCIATION NEWS

COPA
Drone pilots arrested
Feds invest in bush plane museum
Mirabel controllers back
Yukon company receives heavy-lift chopper

ICAO
Update on ICAO and WHO coronavirus recommendations

 

UNION ASSOCIATION NEWS

ALPA
Coronavirus information for flight crews

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

 

AIRPORT NEWS

 

ROTARY OPERATOR NEWS

 

AVIATION NEWS

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