December 5, 2018 – Proposed changes to the Canada Labour Code
TOP STORY
New Canada Labour Code amendments proposed
Decisions
- Harassment and administrative discharge – Air Canada v Unifor 2002 – 2018 CanLII 112823
Grievor discharged for not reintegrating to the workplace – grievor was harassed by several co-workers – granted workers’ compensation – compensation board eventually cleared for work – grievor did not feel she could continue to work – employer sensitive to concerns, but eventually discharged – arbitrator ruled dismissed grievance – also awarded grievor one years’ salary - Denial of utility review – Fetaz, Re – 2018 CarswellAlta 2811
Power commission applied for approval to construct and operate wind turbines – applicants for review operated private grass landing strip on their property – alleged affected by wind turbines – some proposed turbines affected landing path of airfield – review dismissed – original decision asked power commission to negotiate with airfield operators to ensure Transport Canada safety requirements were met. - Attendance protocol grievance – Air Transat A.T. inc c Personnel navigant technique de Air Transat A.T. inc. – 2018 CanLII 96134
Pilot grieved imposition of attendance management policy – pilot so absent that she did not fulfill minimum 3 takeoff and landings required by Canadian Aviation Regulations – pilot flew regardless of breach – claimed no knowledge of breach – employer began to require medical certificates for each medical absence – union contested alleged requirement was disciplinary – employer follow-up, psychological harassment – arbitrator allowed requirement, but varied time between absence and submission of medical certificate – also found that employer follow-up was disciplinary and should be struck, but that it was not psychological harassment. - Non-material damages – Toledano c Air Canada – 2018 QCCQ 7845
Civil suit in damages after long delay caused plaintiffs to lose a day beside one of plaintiffs’ dying parents – plaintiffs booked emergency flight from Montreal to Tel-Aviv – layover in Brussels – cost of flight, $9,762.52 – delay leaving Montreal – Brussels airport recovering from terrorist attack in Belgium day before – missed connection – rebooked with another carrier – other carrier refused to honour tickets – further delays on return flight – claim for damages, $25,000 and cost of tickets – claims for damages rejected – cost of tickets referred to small claims court
CTA Decisions
- Application – Air Transat A.T. Inc. c-o-b as Air Transat, on behalf of itself and Travel Service –Determination No. A-2018-251
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 – Elite Jets Charter, LLC c-o-b as Elite Jets – Determination No. A-2018-250
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended. - Suspension – Bahamasair Holdings Ltd. c-o-b as Bahamasair – Order No. 2018-A-207
License no. 130029 - Suspension – Plus Ultra Lineas Aereas S.A. – Order No. 2018-A-206
License no. 180006 - Application – M & M Aviation Services, Ltd. – Order No. 2018-A-205
Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
TC/TSB News
Industry Association News
- ATAC – Air Transport Association of Canada is moving to a new location
- COPA – Bolingbroke restoration project alters course
- COPA – Courtenay Airpark tenant finally secures lease
- COPA – Crash victim relatives file wrongful death lawsuits in U.S.
- COPA – Foreign students flock to Gander
- COPA – Low-time Edmontonian competes in China Cup Race
- COPA – Porter Airlines sponsors mentorship program
- HAC – “Dude. Where’s my helicopter?” – Does your company have a policy on cannabis use?
- HAC – An advisory note from Transport Canada on BREXIT
- HAC – Aviation language proficiency training
- HAC – New pilot hours or work regulations – still pending at Treasury Board
- HAC – Update on the new CRM training requirement
- ICAO – Secretary General stresses ICAO’s commitment to dignity and diversity
Union Association News
- UCTE – Bumpy negotiations at YQY
- UCTE – Why we strike
- UNIFOR – Ornge: membership ratification vote
- UNIFOR – Porter Airlines – customer service representatives: Unifor files for conciliation
Aviation News
- ‘The bar has been raised’: NWT air ambulances get international safety accreditation
- Aerospace execs call for government strategy to support key industrial capabilities
- Air Canada Cargo VP joins Drone Delivery Canada’s advisory board
- Air Canada enters into definitive agreements to acquire the Aeroplan loyalty program and for co-branded credit card partners
- Air Canada Vacations’ Black Friday sale sets new single-day record for vacation package bookings
- Air Spray wins Manitoba aerial firefighting contract
- Aireon adds new executive team member to support continued growth
- All together now
- Canadian innovation on display: the “Beartrap”
- Flair apologizes after calling RCMP on YVR passengers following 12-hour flight delay
- Fuhr’s private members motion passes with flying colours
- Gaëtan Gagné recognized by the Canadian tourism industry
- Great Slave Helicopters employees in N.W.T. safe from layoffs, company official says
- Halifax airport road renamed after Canada’s first black jet fighter pilot
- Harbour Air receives 2018 Hope Air outstanding philanthropist award
- Indie appeal: behind the scenes with Aeronav Avionics
- Jetlines announces up to $15 million financing commitment from leading European airline
- Manitoba converts to contractors for operating the Province’s air tankers
- Optional warning lights could have aided Lion Air engineers before crash: experts
- Pilatus hands over first PC-24 air ambulance
- Pilots report UFO sighting over Nunavut’s northern Baffin Island
- Porter Airlines sponsors Northern Lights Mentorship program
- RCAF aircrews virtually prepared for Mali mission
- Royal Canadian Logistics Service celebrated on 436 Squadron Hercules
- Synthetic fuels could help low-carbon aviation take off
- WestJet named one of top three places to work in Alberta
- Why do flight students flock to Gander? The weather, of course