July 18, 2017 – Westjet CEO warns against unionization

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WestJet CEO sends email to employees warning against unionization of airline staff

 

DECISIONS

  • Wage Recovery Appeal – Jurisdiction – Hyderi and Concorde Baggage Services Inc., Re, 2017 CarswellNat 3068
    Employee alleged unjust dismissal and sought reinstatement – Baggage handling services an integral part of airport operations, under federal jurisdiction – Employee terminated following security incident at the request of airport authority that contracted employer services – Employer cannot contract out its obligations under the Code – No evidence of investigation of incident by airport authority or employer – Summary dismissal found not to be proportional response to incident – Reinstatement inappropriate in circumstances: unclear whether airport authority would issue required restricted area pass – Employee awarded $10,000 damages in lieu of reinstatement and $750 severance
  • Appeal – Académie Aéronautique inc. c. Trejo Solis, 2017 QCCS 2941
    Appeal of small claims decision – Standard of review is reasonableness – Denied
  • Employment Standards Complaint – Joseph Detoro v Excellent Adventures Outposts & Air Service Ltd., 2017 CanLII 44291
    Settlement reached by the parties – Application adjourned sine die
  • Duty of Fair Representation – Malcolm Grant v Unifor Local 673, 2017 CanLII 43509
    Employee claimed Unifor failed to advance grievance against Bombardier – Employee claimed recall rights whereas employer and union asserted employee resigned – Timeliness issue raised by union because employee said to have resigned in 2004 but only brought up complaint in 2016 – Complainant directed to provide submissions on timeliness issues
  • Motion – Question of Mixed Law and Fact – Cougar Helicopters Inc. v. Canada, 2017 TCC 126
    Motion to determine whether reassessment beyond normal reassessment period without allegation of misrepresentation or fraud is void – Question failed first step of two-stage process – Question also vague with no reasonable chance of success – Motion dismissed
  • Bankruptcy – Recovery – Syndic d’Aviation Flycie inc., 2017 QCCS 2546
    Trustee in bankruptcy sought to recover amount from Receiver General for Canada, deposited by company as condition of appeal of previous decision in favour of employee – Question to determine whether amount deposited still belonged to company, and thus could be recovered by trustee – Nature of deposits made to third parties determined on a case-by-case basis – In circumstances, amount deposited to allow appeal – Dismissed
  • Judicial Review – Bell v. Civil Air Search and Rescue Association et al., 2017 MBQB 123
    Following dispute over expense claims, Association member removed from management and pilot training duties, and eventually removed from membership – Association also revoked policy on dispute resolution and disciplinary procedures around same time – Complainant sought judicial review of Association’s decisions – Question is whether actions of not-for-profit volunteer organization fall within scope of judicial review – Courts not appropriate forum to resolve internal disputes inside volunteer organization – However failure to follow own by-laws a breach of procedural fairness, therefore violation of rules of natural justice – Organization ordered to conduct investigation in accordance with original policy – Each party to bear its costs due to bad faith on both sides
  • Appeal – Decision No. 1057/17, 2017 ONWSIAT 1019
    Airline service employee claimed chronic pain disability (CPD), permanent impairment and loss of earnings (LOE) benefits following foot injury – Several medical reports substantiated both healing of injury and continuous pain – Worker entitled to CPD benefits but not permanent impairment – Determination of further benefits remitted for adjudication
  • Appeal – Decision No. 998/17, 2017 ONWSIAT 1158
    Worker referred to labour market re-entry (LMR) assessment after injury could not be accommodated – Loss of earnings (LOE) benefits suspended when LMR plan deemed completed by Case Manager, decision upheld by Appeals Resolution Officer – Worker appealed, claiming additional training under LMR and LOE benefits – Worker found not to have had the necessary skills to restore pre-injury earnings at conclusion of LMR – Worker entitled to revised work transition (WT) plan, as well as partial LOE benefits based on earnings since end of previous LMR and full LOE benefits during WT plan
  • Appeal – Decision No. 1037/17, 2017 ONWSIAT 1838
    Customer Assistant with lower back injury – Worker appealed level of chronic pain disability benefits, suitability of work transition plan and resulting loss of earnings (LOE) benefits – Worker found unemployable during periods in issue, entitled to full LOE benefits during said periods
  • Appeal – Decision No. 1307/17, 2017 ONWSIAT 1886
    Lead Station Attendant with lower back injury – Appeal of decision that driving duties compatible with narcotic medications – Worker did not refuse suitable employment, no grounds for suspending loss of earnings (LOE) benefits – Appeal allowed, worker entitled to full LOE benefits 

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Air X Charter LimitedDetermination No. A-2017-99
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), on behalf of itself; SkyWest Airlines, Inc. carrying on business as Delta Connection and as United Express, among others (SkyWest); Virgin Australia International Airlines Pty Ltd. carrying on business as Virgin Australia (Virgin Australia); and Compass Airlines, LLC carrying on business as, among others, Delta Connection (Compass)Determination No. A-2017-101
    Pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – WestJet, on behalf of itself and Nihon Koku Kabushiki Gaisha (Japan Airlines Co., Ltd.) carrying on business as Japan Airlines and JAL (Japan Airlines) –  Determination No. A-2017-103
    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 – Pace Executive Aviation Services Inc. – Determination No. A-2017-100
    Cancellation of Licence Nos. 090032 and 090030
  • Suspension – GTA Air, Inc.Order No. 2017-A-111
    Licence No. 060092
  • Suspension – Air Labrador Limited carrying on business as Air LabradorOrder No. 2017-A-112
    Licence No. 100105

 

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