January 17, 2017 – Fitness to Fly

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DECISIONS

  • Passenger Claim – Unfit to fly – Viens c. Sunwing, 2016 QCCQ 15820
    $15,000 claim due to refusal to allow passenger to fly without medical certificate – Passenger obtained certificate but flight had departed – Decision to prohibit passenger to fly was made using all reasonable tools and with safety of all passengers in mind – Dismissed
  • Discipline and termination – Unjust dismissal – Molina et Grand Falls Aviation Service Ltd., Re, 2016 CarswellNat 7018
    Employee was dismissed – Employee brought unjust dismissal complaint under Canada Labour Code – Employee worked for period of six months in 2013 and period of three months in 2014 – Employee did not meet Code requirements as work did not exceed statutory threshold of twelve months of work without interruption for same employer – Complaint dismissed
  • Appeal – Employer seeking SEIF relief – Decision No. 3232/16, 2016 CarswellOnt 20894
    Aircraft engineer suffered carpal tunnel syndrome – Surgery performed and employee received LOE for recovery and NEL for residual impairment – Employer appealed based on pre-existing condition – Neither condition employee had eligible for SIEF relief – Appeal denied

 

CIRB DECISIONS

  • Bargaining Unit Order – Flair Airlines Ltd. – Order No.: 11087-U
    Certification – All pilot bargaining unit
  • Bargaining Unit Scope – Canadian North Inc.Order No.: 11088-U
    Bargaining unit amendment – Exclusions added

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Pascan Aviation Inc.Decision No. 3-A-2017
    Request cancellation of Licence Nos. 000019 and 00002
  • Application –  China Southern Airlines Company Limited c.o.b. as China Southern Airlines and as China Southern, on behalf of itself and Xiamen Airlines Co., Ltd. c.o.b. as Xiamen AirlinesDecision No. 4-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
  • Application – Clay Lacy Aviation, Inc.Order No. 2017-A-5
    Exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Prime Jet LLCOrder No. 2017-A-6
    Exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – ACP Jet Charters, Inc. c.o.b. as Phenix Jet and as ACP Jets of West Palm Beach, Florida, United States of AmericaDecision No. 5-A-2017
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended

 

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