Air Canada takes action to improve experience for customers with disabilities

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Air Canada takes action to improve experience for customers with disabilities

DECISIONS

Application, wrongful dismissal – Egan v. Harbour Air Seaplanes LLP, 2023 BCSC 1916
Application for judgment by Harbour Air Seaplanes seeking dismissal of the plaintiff’s action for wrongful dismissal – application focused on enforceability of termination clause in plaintiff’s employment contract – court held that the matter was suitable for summary trial on all issues – court further held that the termination provision was not ambiguous, and was sufficient to rebut the common law presumption of reasonable notice – court further held that there was no breach of s. 231 of the Canada Labour Code, and that the termination provision remained in force – application allowed

Application, class action – Lewis v. WestJet Airlines Ltd., 2023 BCSC 1921
Class action brought against WestJet alleging systemic breach of employment contracts with flight attendants – WestJet filed an application under British Columbia’s Class Proceedings Act to amend the class definition contained in the Certification Order – WestJet seeking to have the class period end on July 31, 2018, when CUPE was certified as bargaining agent for the flight attendants – alternatively, WestJet seeking to have the class period end upon ratification of the first collective agreement – court held that it was not plain and obvious that its jurisdiction to determine class members’ contractual claims during the period from certification to ratification was ousted by the ratification of the collective agreement – application dismissed

Compensation, cancelled flight – Tubajon-Sharma v. WestJet Airlines Ltd., 2023 BCCRT 966
Claim for compensation for cancelled flight – applicants booked international trip out of Vancouver with a connecting flight in Toronto – connecting flight cancelled – applicants automatically re-booked on a WestJet flight leaving 2 days later – applicants booked flights on a different airline, ultimately arriving at their destination less than 3 hours later than originally scheduled – applicants brought claims for compensation against WestJet alleging a breach of the Air Passenger Protection Regulations (APPR) – primary reason WestJet cancelled applicants’ flight was the significant service interruptions it experienced from damaged fibre optic cables – reason for the flight cancellation was outside of WestJet’s control – claims dismissed

CIRB DECISIONS

Bargaining unit order – Maintair Aviation Services Ltd. – Order No. 11875-U
Application for certification by Canadian Union of Postal Workers (CUPW) – CUPW certified to be bargaining agent for unit comprising “all employees of Maintair Aviation Services Ltd. working at Thunder Bay International Airport in ground handling services, including baggage handling, ramp coordination and grooming/cleaning of planes, excluding managers and those above the rank of manager”

Bargaining unit order – AVJET TSAS – Order No. 11876-U
Application for certification by International Association of Machinists and Aerospace Workers (IAMAW) – IAMAW certified to be bargaining agent for unit comprising ‘all employees assigned to “Deep Groom” deep cleaning, excluding supervisors and those above the rank of supervisor in the hierarchy”

CTA DECISIONS

Suspension – Aero Air, LLC – Order No. 2023-A-S-273
License no. 990060 – license reinstated effective November 3, 2023

Suspension – Corporacion Ygnus Air, S.A. c.o.b. Gestair Cargo – Order No. 2023-A-S-271
License no. 110016 – license reinstated effective November 6, 2023

Suspension – Exec Air Montana, Inc. – Order No. 2023-A-S-269
License no. 967000

Cancellation – Swoop Inc. – Determination No. A-2023-219
License nos. 180048, 180049, 180050, 180061, 180062, 200057 and 200056

Suspension – Indro Robotics Inc. – Order No. 2023-A-S-275
License no. 200066 – license reinstated effective November 7, 2023

Application – NORTHERN YOUTH PROGRAMS INCORPORATION – Determination No. A-2023-221
Application for license to operate a domestic service, small aircraft – license issued

Application – Scott Richard Aviation Services, Inc. – Determination No. A-2023-220
Application for license to operate a non scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America – license issued, subject to conditions

Application – AXIS Aviation Austria GmbH – Determination No. A-2023-222
Application for license to operate a non scheduled international service to transport traffic on a charter basis between Austria and Canada – license issued, subject to conditions

Suspension – Silverhawk Aviation, Inc. c.o.b. Silverhawk Aviation – Order No. 2023-A-S-276
License no. 120098 – license reinstated effective November 8, 2023

Application – GetJet Airlines Latvia, SIA – Determination No. A-2023-224
Application for license to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States – license issued, subject to conditions

Application – GetJet Airlines Latvia, SIA – Determination No. A-2023-223
Application for license to operate a non scheduled international service to transport traffic on a charter basis between Latvia and Canada – license issued, subject to conditions

Air Canada takes action to improve experience for customers with disabilities

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