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December 19, 2017 – Seniority Not a Protected Ground

| December 21, 2017

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Cherrier v. Attorney General of Canada, 2017 ONSC 7336

Application – Seniority
Discrimination claim under CHRC – Seniority allegedly reduced upon merger of airlines – Previous litigation dismissed – Seniority and/or seniority ranking not analogous to protected grounds under s. 15 (1) of CHRC – Application dismissed

 

DECISIONS

  • Grievance – Pairings – Jazz Aviation LP v Canadian Flight Attendants Union, 2017 CanLII 83326
    Grievance over splitting of pairing and assignment to two casual employees – Union contends should have been offered to employee on work day off (WDO) tracker – Language gives Employer discretion to assign paIrings to reserve attendants by way of best fit, followed by better fit, followed by splitting a pairing, or to assign any one or more of the pairings by way of WDO
  • Unjust Dismissal – Preliminary Objection – Thuna v. Avmax Aviation Services Inc., [2017] C.L.A.D. No. 242
    Complaint of unjust dismissal of Manager – Complainant empowered with managerial duties such as ability to hire, fire staff; had decision making latitude in his department and paid higher salary than those who worked under him – Complainant found to be a manager and exempt from unjust dismissal provision – Complaint dismissed

                                         

CIRB DECISIONS

  • Certification – Air North Charter & Training Ltd. – Order No.: 11206-U
    USW – all employees of Air North Charter and Training Ltd., c.o.b. as Air North, Yukon’s Airline, working as passenger service agents at the Vancouver International Airport, excluding passenger service supervisors, those above the rank of passenger service supervisor, account manager and product manager.
  • Certification – Snowbird Aviation Services Limited Partnership – Interim Order No.: 11196-U
    Teamsters – all employees of Snowbird Aviation Services Limited Partnership working at the Saskatoon John G. Diefenbaker International Airport, in the Province of Saskatchewan, excluding human resources generalists, administrative positions, customer service attendant supervisors, supervisors, managers and those above the rank of manager.
  • Certification – Avjet Holding Inc. – Order No.: 11207-U
    USW – all employees working in airport ground services at the Sept-Îles Airport at 1000 Laure Boulevard East, Sept-Îles, Quebec, G4R 4K2; at 17, 20 and 21 Aviation Générale East, Sept-Îles, Quebec, G4R 4K2; and at 34 Aviation Générale West, Sept-Îles, Quebec, G4R 4K2, excluding fuelling supervisors, operations manager, office employees and those automatically excluded by the law.
  • Certification – Trans-Sol Aviation Service Inc. – Order No.: 11208-U
    USW – all employees working in airport ground services at the Sept-Îles Airport at 1000 Laure Boulevard East, Sept-Îles, Quebec, G4R 4K2; at 17, 20 and 21 Aviation Générale East, Sept-Îles, Quebec, G4R 4K2; and at 34 Aviation Générale West, Sept-Îles, Quebec, G4R 4K2, excluding ramp supervisors, counter supervisors, office employees and those automatically excluded by the law.

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Sunwing Airlines Inc., on behalf of itself and Travel Service, a.s. – Determination No. A-2017-205
    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 – VIH Execujet Ltd. – Order No. 2017-A-217
    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 – UAB Avion Express, on behalf of itself and Cubana de Aviacion S.A. – Determination No. A-2017-206
    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 America Flight Services, Inc. – Determination No. A-2017-207
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Suspension – Centurion Air Cargo, Inc. c.o.b. as Centurion Air Cargo – Order No. 2017-A-218
    Licence No. 050123
  • Suspension – Sky Lease I, Inc. – Order No. 2017-A-219
    Licence No. 140083 – License reinstated effective December 18, 2017

 

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