July 4, 2017 – Terminated for stolen nuts and lotion? Maybe not

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IAMAW District Lodge 140 v Air Canada, 2017 BCSC 1060

Judicial Review – Termination Grievance

17-year cabin employee terminated for theft of nuts and lotion discarded by deplaned passengers – Arbitrator upheld termination for theft and bribery – Court found penalty outweighed offence by long term employee with clean record – Penalty overturned, to be re-submitted to arbitration for determination

 

DECISIONS

  • Injunction – Trademark Infringement – United Airlines, Inc. v. Cooperstock, 2017 FC 617
    Website found to infringe upon United trademarks and copyrights – Injunction restraining the use of Plaintiff marks on Defendant website issued 
  • Appeal – Civil Claim – Gill v. WorkSafeBC, 2017 BCCA 239
    Helicopter technician denied further benefits when injury discovered to be pre-existing condition – Civil claim filed against WorkSafeBC found to not disclose reasonable claim and struck – Appeal of decision to strike claim found to be meritless and dismissed – Forum to pursue denial of benefits is Judicial Review not Civil Claim

 

CIRB DECISIONS

  • Certification Application – Objection – G4S Secure Solutions (Canada) Ltd., 2017 CIRB 850
    Certification application for Service Delivery Managers (SDMs) and Operations Centre Managers (OCMs) of security screeners at YVR – Employer objection to management members certification – SDMs and OCMs found to be employees, not managers – Ballots ordered to be counted to determine desire to unionize

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada CargoDetermination No. A-2017-84
    Pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Longtail Aviation International LimitedOrder No. 2017-A-106
    Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Suspension – Lake Placid Airways, Inc. c.o.b. as Adirondack Flying ServiceOrder No. 2017-A-107
    Licence No. 967580

 

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