July 4, 2020 – Federal Government temporarily extends timelines for layoffs under the Canada Labour Code

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Federal Government temporarily extends timelines for layoffs under the Canada Labour Code

 

DECISIONS

  • Ticket Transferability – Dell v. Air Canada2020 BCCRT 708
    Applicant sought reimbursement after Air Canada changed aircraft and connections on flight – Tickets purchased for codeshare flight between Lufthansa and Air Canada – Applicant argued flight operated by Air Canada “inferior” product than flight operated by Lufthansa that was originally purchased – Air Canada argued it has no obligation to guarantee aircraft or itinerary – Montreal Convention does not allow claims for emotional stress or inconvenience – Tickets purchased through Air Canada, Air Canada’s terms and conditions apply – Claim dismissed
  • S.240 Unjust Dismissal – China Southern Airlines Ltd. v. Xia (Unjust Dismissal Grievance), [2020] C.L.A.D. No. 61
    Grievor employed in Vancouver office – Claimed constructive dismissal after transfer from Marketing Manager to cargo operations, resulting in 40% pay cut and substantially altered work schedule – Airline argued transfer was the result of reorganization: previous marketing duties had been eliminated and grievor not qualified for new position of Account Manager – Court found grievor was assigned to Account Manager position and later transferred to cargo operations – Thus reason for transfer was not discontinuation of position – Discontinuation of position also not established by Airline – Transfer motivated by immediate need to fill vacancy in cargo operations – Transfer found to be unjust dismissal under s.240

 

CIRB DECISIONS

  • Bargaining Units Merger – Bradley Air Services Limited c.o.b. as Canadian North  Order No.: 11514-U
    Group Association of First Air Employees – all employees employed in the Maintenance and Engineering division and all building maintenance technicians of Bradley Air Services Limited carrying on business as Canadian North, excluding buyers, desktop publishers, quality assurance auditors, administrative assistants to the Director(s), shop floor lead hand/“supervisor-working-on-the-tools”, supervisors, managers and those above.

 

CTA DECISIONS

  • Application – WindAirWest, LLC – Determination No. A-2020-123
    Pursuant to subsection 73(2) of the Canada Transportation Act, SC 1996, c 10
  • Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo – Determination No. A-2020-121
    Pursuant to subsection 78(2) of the Canada Transportation Act, SC 1996, c 10
  • Application – CA «AEROTRANSCARGO» S.R.L. – Determination No. A-2020-120
    Pursuant to subsection 73(2) of the Canada Transportation Act, SC 1996, c 10
  • Suspension – Premier Air, Inc. c.o.b. as Premier Private Jets – Order No. 2020-A-109
    Licence No. 170029 – reinstated effective June 30, 2020
  • Suspension – Gemini Air Group, Inc. – Order No. 2020-A-108
    Licence No. 140029 – reinstated effective July 2, 2020
  • Suspension – Dal Aviation Ltd. – Order No. 2020-A-107
    Licence No. 972093 – reinstated effective July 3, 2020
  • Suspension – Sky Way Entreprises, Inc. – Order No. 2020-A-106
    Licence No. 160041

 

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