January 10, 2017 – Drugs, Alcohol and Pilots

Home » January 10, 2017 – Drugs, Alcohol and Pilots

DECISIONS

Judicial Review – Termination payments – Raymond c. Bernier, 2016 CF 1403
Review of decision that successor employer was responsible for termination pay – Decision was reasonable – Employment terms amended between bankrupt and successor employer – Not continuous employment – Dismissed, payment order upheld
Appeal – Failure to grant security clearance – Agosti v. Canada (Transport), 2016 FC 1410
Procedural fairness – Exception for late affidavit – Decision was reasonable – Jurisprudence provided Minister could “err on the side of caution” – Dismissed with costs
Grievance – Termination for theft – Air Canada v Unifor Local 2002, 2016 CanLII 88965
Stolen prepaid phone cards – Theft continued over 2 year period – 20 year employee, no discipline history – Remorse genuine and behaviour unlikely to continue – Termination varied 3 month unpaid suspension – Reinstated without loss of seniority

CANADIAN TRANSPORTATION AGENCY DECISIONS

Application – American Airlines, Inc. on behalf of itself and LATAM Airlines Group S.A. carrying on business as LATAM Airlines Group – Decision No. 387-A-2016
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 – Hong Kong Airlines Limited – Decision No. 388-A-2016
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c.10, as amended
Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo – Decision No. 386-A-2016
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c.10, as amended
Application – Taiga Helicopters (1993) Ltd. – Decision No. 1-A-2017
Request for suspension of Licence No. 962122
Application – Alaska Airlines, Inc. c.o.b. as Alaska Airlines, Alaska and Alaska Air Cargo, on behalf of itself; Horizon Air Industries, Inc. c.o.b. as Horizon Air and AlaskaHorizon; SkyWest Airlines, Inc. c.o.b. as Delta Connection, United Express, American Eagle, SkyWest Airlines and AlaskaSkywest; and British Airways Plc c.o.b. as British Airways – Decision No. 2-A-2017
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
Suspension – Superior Aviation, Ltd. – Order No. 2017-A-1
Licence No. 080013
Suspension – Transcarga Intl. Airways, C.A. c.o.b. as Transcarga – Order No. 2017-A-2
Licence No.160049
Suspension – JetNetherlands B.V. – Order No. 2017-A-3
Licence No. 030083
Suspension – West Bend Air, Inc. – Order No. 2017-A-4
Licence No. 967690