January 10, 2017 – Drugs, Alcohol and Pilots

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DECISIONS

  • Judicial Review – Termination payments – Raymond c. Bernier, 2016 CF 1403
    Review of decision that successor employer was responsible for termination pay – Decision was reasonable – Employment terms amended between bankrupt and successor employer – Not continuous employment – Dismissed, payment order upheld
  • Appeal – Failure to grant security clearance – Agosti v. Canada (Transport), 2016 FC 1410
    Procedural fairness – Exception for late affidavit – Decision was reasonable – Jurisprudence provided Minister could “err on the side of caution” – Dismissed with costs
  • Grievance – Termination for theft – Air Canada v Unifor Local 2002, 2016 CanLII 88965
    Stolen prepaid phone cards – Theft continued over 2 year period – 20 year employee, no discipline history – Remorse genuine and behaviour unlikely to continue – Termination varied 3 month unpaid suspension – Reinstated without loss of seniority

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – American Airlines, Inc. on behalf of itself and LATAM Airlines Group S.A. carrying on business as LATAM Airlines GroupDecision No. 387-A-2016
    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 – Hong Kong Airlines LimitedDecision No. 388-A-2016
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo – Decision No. 386-A-2016
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Taiga Helicopters (1993) Ltd.Decision No. 1-A-2017
    Request for suspension of Licence No. 962122
  • Application – Alaska Airlines, Inc. c.o.b. as Alaska Airlines, Alaska and Alaska Air Cargo, on behalf of itself; Horizon Air Industries, Inc. c.o.b. as Horizon Air and AlaskaHorizon; SkyWest Airlines, Inc. c.o.b. as Delta Connection, United Express, American Eagle, SkyWest Airlines and AlaskaSkywest; and British Airways Plc c.o.b. as British AirwaysDecision No. 2-A-2017
    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
  • Suspension – Superior Aviation, Ltd.Order No. 2017-A-1
    Licence No. 080013
  • Suspension – Transcarga Intl. Airways, C.A. c.o.b. as TranscargaOrder No. 2017-A-2
    Licence No.160049
  • Suspension – JetNetherlands B.V.Order No. 2017-A-3
    Licence No. 030083
  • Suspension – West Bend Air, Inc. – Order No. 2017-A-4
    Licence No. 967690

 

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