July 18, 2020 – GTAA to eliminate 500 positions as part of restructuring

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Toronto’s Pearson airport cuts 1/4 of staff due to reduced travel demand amid COVID-19 pandemic

 

DECISIONS

  • Duty of Fair Representation – M.R. v Viking Air Limited2020 BCLRB 73
    Complainant alleged Union breached its statutory duty of fair representation when it did not pursue a grievance on his behalf – claimed Union representation was arbitrary and discriminatory – some requests by employee not available or within the scope of Union’s representation – no evidence of intent to deceive or improper motives by Union – complaint dismissed
  • Cancellation of Air Operator Certificate – 164061 BC Ltd. Wabusk Air v. Canada (Minister of Transport)[2020] C.T.A.T.D. No. 15
    Appeal of cancellation of Air Operator Certificate (AOC) by Minister of Transport (MOT) – Tribunal found 49 non-compliance items – attempts made to assist company achieving compliance – company placed on Enhanced Monitoring program for 2 years – some improvements but recurring themes of non-compliance detrimental to aviation safety – cancellation confirmed
  • Breach of Confidentiality – Settlement – Canadian Union of Public Employees, Air Canada Component v Air Canada2020 CanLII 46254
    Grievor resinstated pursuant to Memorandum of Settlement (MOS) – terms included payment to grievor and confidentiality obligations – employer withheld payment when grievor disclosed terms of MOS to other flight attendants – arbitrator found disclosure a serious breach of confidentiality – no remedy for breach of confidentiality provisions in MOS – no further breach, suggesting withholding of payment already had deterrent effect – $7,500 damages awarded to Air Canada, about 1/3 of settlement payment
  • Wrongful Dismissal – Bouchard et Ministère des Transports, 2020 QCCFP 19
    Air operations manager for Quebec Government suspended during investigation of allegations of psychological harassment and poisoned environment – during suspension, employee provided with different work assignments and office – employee resigned and claimed wrongful dismissal – evidence showed numerous complaints justifying temporary suspension – employee did not contest temporary suspension or temporary assignments within 30-day deadline provided by Public Service Act – employee obtained second job as pilot conflicting with position – resignation was voluntary
  • Workers’ Compensation – Cost Allocation – Delta Air Lines inc., 2020 LNQCTAT 2809
    Workplace injury of Ramp Agent – appeal of allocation of costs by employer – no evidence previous injury contributed to injury as argued by employer – dismissed

 

CTA DECISIONS

  • Application – Vietnam Airlines JSC c.o.b. as Vietnam Airlines – Determination No. A-2020-139
    Pursuant to subsection 78(2) of the Canada Transportation Act, SC 1996, c 10
  • Application – Ignace Airways (1996) Ltd. – Determination No. A-2020-138
    Suspension of Licence No. 962051
  • Application – Qwest Helicopters (2020) Ltd. – Determination No. A-2020-137
    Pursuant to section 61 of the Canada Transportation Act, SC 1996, c 10
  • SUSPENSION – Presidential Air Inc. c.o.b. as Presidential Air – Order No. 2020-A-124
    Licence Nos. 100129 et 110019
  • SUSPENSION – L-3 Communications Flight International Aviation LLC – Order No. 2020-A-123
    Licence No. 030035
  • SUSPENSION – Orion Aviation Solutions, LLC c.o.b. as Orion Flight Services – Order No. 2020-A-122
    Licence No. 140042

 

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