May 8, 2018 – Pilot’s Age Discrimination Claim Dismissed

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Bagherinia v. Wal-Mart Canada Corp, 2018 HRTO 502

Human Rights – Age Discrimination – Commercial pilot applied for position flying corporate jet – When not awarded position, filed Human Rights complaint on the basis of age discrimination – Decision who to hire was based upon immediate ability to fly (i.e. no delay to obtain licensing etc.) – Dismissed

 

DECISIONS

  • Judicial Review – Certification – Garda Security Screening Inc. v. General Teamsters, Local Union 979, 2018 FCA 71
    Garda sought review of decision certifying Teamsters as bargaining unit for Check Point Managers and Quality Leads at YWG – Employees were found not to be managers, Garda argued they were managers due to responsibilities related to national security – Decision of CIRB was reasonable and need not be disturbed – Dismissed

    • Reviewed decision: Garda Security Screening Inc. – 2017 CIRB 856
  • Policy Grievance – Pairings – Canadian Flight Attendants Union and Jazz Aviation LP (01-2016), Re, 2018 CarswellNat 1427
    Union grieved removal of unassigned pairing and/or open pairings to reassign the slot to another base prior to bid closure time – Union claimed reassignment violated collective agreement or in the alternative, the Company had exercised its discretion arbitrarily and in bad faith – Employer argued the reassignment was an exercise of management rights and past practice -Intention of the parties to leave unassigned pairings until bid closure time manifests itself in the current agreement language – Grievance allowed

 

CIRB DECISIONS

  • Certification – Swissport Canada Inc., Order No.: 11257-U
    IAMAW certified bargaining agent – all groomers employed by Swissport Canada Inc., at the international airports in Montréal (Dorval and Mirabel), excluding office staff, supervisors and those above

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Chrono Aviation inc.Order No. 2018-A-69
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Helifor Industries LimitedDetermination No. A-2018-81
    Suspension of Licence No. 962610
  • Application – Svenskt Industriflyg ABOrder No. 2018-A-71
    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
  • Application – Morcom Aviation Services, Inc. c.o.b. as Regal AirOrder No. 2018-A-72
    Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – FAI rent-a-jet Aktiengesellschaft c.o.b. as Flight Ambulance InternationalOrder No. 2018-A-70
    Authority to operate urgent last minute air ambulance charter flights between Canada and countries other than Germany without prior approval of the Canadian Transportation Agency
  • Application – Netjets-Transportes Aéreos, S.A.Order No. 2018-A-73
    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
  • Application – Iberia, Lineas Aereas De Espana, S.A. and OpenSkies c.o.b. as LEVEL  – Determination No. A-2018-83
    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 – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo, on behalf of itself and Brussels Airlines N.V./S.A. c.o.b. as Brussels AirlinesDetermination No. A-2018-82
    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 – Delco Aviation LtéeDetermination No. A-2018-89
    Continue the suspension of Licence No. 972081
  • Application – D.K. Heli‑Cropper Int’l. Ltd.Determination No. A-2018-90
    Suspension of Licence Nos. 110042 and 110043
  • Application – Kingston Flying ClubDetermination No. A-2018-93
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Letter Decision – Sunwing Airlines Inc.Letter Decision No. LET-A-30-2018
    Tarmac delays; flight delays; flight cancellations; and lost, damaged and delayed baggage
  • Letter Decision – Sunwing Airlines Inc.Letter Decision No. LET-A-31-2018
    Tarmac delays; flight delays; flight cancellations; and lost, damaged and delayed baggage
  • Suspension – Michelle Masden c.o.b. as Island Wings Air ServiceOrder No. 2018-A-74
    Licence No. 010050 – Licence reinstated effective May 4, 2018
  • Suspension – Coastal Seaplane Service, Inc.Order No. 2018-A-75
    Licence No. 980109
  • Suspension – Charles City Aeronautics, Inc.Order No. 2018-A-78
    Licence No. 967753
  • Suspension – Lac La Croix Quetico Air Services LimitedOrder No. 2018-A-77
    Licence Nos. 972159 and 977213
  • Suspension – EJME (Portugal) Aircraft Management, Lda – Order No. 2018-A-76
    Licence No. 160035 – Licence reinstated effective May 7, 2018

 

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