The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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July 31, 2018 – Canada’s small airports applaud Federal decision to invest in safety infrastructure

August 1, 2018

TOP STORY: Canada’s small airports applaud Federal decision to invest in safety infrastructure   DECISIONS Passenger Claim – Lost Baggage – Tremblay c. Air Canada, 2018 QCCQ 4823 Claim for $12,940 for lost baggage and consistent misinformation from air carrier – Awarded $3,611 for various claimed damages plus $2,000 in punitive damages due to failure to advise customers properly regarding baggage for three weeks CIRB DECISIONS Certification – Airport Terminal Services Canadian Company, Order No.: 11301-U IAMAW – All ramp agents, ramp crew chiefs (ramp leads), groomers and grooming crew chiefs (groomer leads) of Airport Terminal Services Canadian Company…

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July 25, 2018 – TSB Reports on Fatigue in the Transportation Sector

TOP STORY: Fatigue in Transportation Forum DECISIONS Judicial Review – Penalty for Negligence – Friesen v. Canada (Attorney General), 2018 FC 723 Helicopter pilot fined $1,000 for negligence and “likely to endanger the life or property of any person” for sliding helicopter between skaters – Decision confirmed on Appeal – Application for Judicial Review dismissed with costs – Appeal Panel was reasonable to have found SFO Certificate would have been reasonable additional step which Applicant failed to take before performing stunt Judicial Review – Security Clearance – Ramos v. Canada (Attorney General), 2018 FC 696 Cleaner at airport denied renewal…

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July 17, 2018 – WestJet, Swoop respond to possible unionization of flight attendants

TOP STORY WestJet, Swoop respond to possible unionization of flight attendants   DECISIONS Passenger Complaint – Missed Flight – Sabiq c. Turkish Airlines, 2018 QCCQ 4747 Claim for $4,500 due to missed flight – Airline not responsible for passenger missing scheduled departure – Dismissed Appeal – Deficit – Gignac and Porter Airlines, 2018 QCTAT 3290 Customer Service Agent claims 45% anatomic-physiological deficit due to diagnosis of fibromyalgia – Tribunal cannot decide on issue as not related to workplace accident in 2013 – Appeal dismissed   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Société Air France c.o.b. as Air France – Determination…

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July 10, 2018 – First Air and Canadian North Announce Merger

TOP STORY First Air and Canadian North plan to merge … again CANADIAN TRANSPORTATION AGENCY DECISIONS Application – WestJet – Determination No. A-2018-156 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-146 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-145 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-155 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet –…

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July 4, 2018 – Lacking Eyes on the Skies

July 4, 2018

TOP STORY Nav Canada feeling effects of labour shortage   DECISIONS Judicial Review – Security Clearance – Haque v. Canada (Attorney General), 2018 FC 651 Pearson worker denied Security Clearance as was found to have associations with individuals with criminal records, among other charges – Review of procedural fairness and reasonableness of decision – Director General found to have relied on factors tainted with reviewable errors – Decision to be set aside and application for security clearance reconsidered Appeal – Denial of Entitlement – Decision No. 3015/17, 2018 ONWSIAT 1092 Employee appeal of denial of entitlement for chronic bronchitis –…

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June 27, 2018 – ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations

June 27, 2018

TOP STORY ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations   DECISIONS Application – Costs – Pacific Aviation Academy of British Columbia v Hassan, 2018 BCSC 979 Judicial review decision had set aside judgement in default and referred action back to Provincial Court, with costs for the petitioners – Respondent argued costs should be awarded to successful party at Provincial Court – No reason to divert from established practice to award cost to successful party – Respondents awarded costs on application in addition to those on judicial review Judicial review decision: Pacific Aviation Academy of…

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July 1st a Sunday? Holidays Act “Bumps” Canada Day to July 2nd

June 26, 2018

The federal Holidays Act provides that July1st is a legal holiday, kept and observed under the name “Canada Day”. This year July 1st falls on a Sunday which, for most employees, would not be a regular working day. As a result, Canada Day is “bumped” to July 2nd. This can lead to some confusion on the parts of both employers and employees as to what holiday benefits employees are entitled to and on which day. When July 1st is a Sunday As noted above, the Holidays Act states that July 1st is the legal holiday known as Canada Day. However,…

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June 13, 2018 – Airlines Struggle With Global Pilot Shortage

June 13, 2018

TOP STORY Airlines Struggle with Global Pilot Shortage DECISIONS Appeal – Lower Back Injury – Decision No. 2649/17, 2018 ONWSIAT 890 Appeal of three ARO decisions regarding back injury of AME in 2012 – Worker had pre-existing condition, however workplace accident aggravated condition – Employee granted ongoing entitlement on the basis that back did not return to pre-injury state – Other Appeals withdrawn CIRB DECISIONS Certification – Calm Air International LP – Order No.: 11275-U United Steelworkers – all employees of Calm Air International LP in the City of Thompson, the town of Churchill and the town Gillam,…

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June 6, 2018 – Employer Failed to Advise Employee Failure to Obtain AVOP Would Result in Administrative Termination

June 6, 2018

TOP STORY Lee and Air Canada, Re, 2018 CarswellNat 2459 Grievance – Unjust Dismissal – Connection System Coordinator alleged unjust dismissal when he was terminated for failing to obtain his AVOP designation – Employee attempted and failed examination three times, then was prevented from retaking test for one year – Employer failed to advise employee failure to obtain AVOP would result in administrative termination – Grievance allowed, employee reinstated – Time for additional submissions on remedy granted   DECISIONS Unfair Labour Practice – Discharge – United Food and Commercial Workers Canada Union, Local No. 401 v. Concorde Baggage Services Inc., 2018…

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Voting time: Employers’ obligations on election day

May 31, 2018

An Ontario provincial election has been called for June 7, 2018. Employers should be aware that, under the Ontario Election Act, they must provide employees time off to serve or to vote at the election. Serving at election All employees acting as returning officers or who have been appointed by a returning officer to be poll officials are entitled to an unpaid leave of absence to perform their election duties. A leave shall be granted where an employer is provided with at least seven days notice of the employee’s intention to take a leave. An employer shall not dismiss or…

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May 29, 2018 – ALPA & Westjet Agree to Settlement Process

May 29, 2018

TOP STORY Settlement Process Reached Between WestJet Pilots and WestJet   DECISIONS Grievance – Meal Allowance – Canadian Union of Public Employees, Air Canada Component v Air Canada Rouge, 2018 CanLII 44930 Grievance regarding failure to pay meal allowance during mandatory training periods – Review of collective agreement language clearly connected meal allowance to duty on flights, not non-flight duty – Dismissed Preliminary Objection – Unjust Dismissal – Hogan and Air Spray (1967) Ltd., Re, 2018 CarswellNat 2154 Pilot complaint for unjust dismissal – Employer contended pilot was laid off and that lay-off was due to 25% reduction in provincial…

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May 24, 2018 – More Labour Turbulence as UNIFOR Votes for Strike Action at Flair

May 24, 2018

TOP STORY Members at Flair Airlines Have Spoken   DECISIONS Judicial Review – Regulations – Canadian Union of Public Employees v. Canada (Attorney General), 2018 FC 518 CUPE challenge of new Regulations stating how many flight attendants are required on passenger airplanes in proportion to passenger seats – CUPE alleged that Regulations were contrary to basic norms of procedural fairness and breached CUPE’s legitimate expectation to be meaningfully consulted – CUPE had the opportunity to participate in focused consultations regarding the challenged regulations and its input was acknowledged – No duty of procedural fairness owed by the Governor in Council…

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May 18, 2018 – WestJet Pilots Vote to Strike

May 18, 2018

TOP STORY WestJet Pilots Vote to Strike if Negotiations Break Down   DECISIONS Grievance – Pre/post-flight time – Syndicat canadien de la fonction publique, section locale 4041 v transat A.T. inc., 2018 CanLII 41770 Flight Directors grieved failure to pay 30 minute premium for duties performed as per collective agreement – Employer split premium into two parts of 15 minutes – Grievance turned on meaning of “flight” and other terms contained in agreement – Grievance allowed Appeal – Compensation Exclusions – Lukács v. Canada (Canadian Transportation Agency), 2018 FCA 92 Appeal of exclusions for eligibility for compensation if bumped from…

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

May 8, 2018

TOP STORY 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…

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Ontario government announces that public holiday pay calculations will change (again) effective July 1, 2018

Employers who have been grappling with the new public holiday pay formula introduced earlier this year through Bill 148, the Fair Workplaces, Better Jobs Act, 2017, may be relieved to know that the government has announced that it will be reverting to the old formula, at least temporarily. On May 7, 2018, the government filed a Regulation under the Employment Standards Act, 2000 (“ESA”) (Ontario Regulation 375/18), which will take effect on July 1, 2018. Under that Regulation, an employee’s public holiday pay will be equal to the total amount of the regular wages earned and vacation pay payable to…

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