New rules expand flight cancellation refunds to circumstances outside airlines’ control

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New rules expand flight cancellation refunds to circumstances outside airlines’ control

DECISIONS

Appeal – Injunction – De Havilland Aircraft of Canada Limited v. Dias, 2022 ONCA 491

Injunction granted to stop illegal blockade of employer’s premises and prevent reoccurrence – Union appealed certain restrictions of injunction – issues between parties already settled – no question of public importance – Court declined to exercise discretion to hear appeal – appeal dismissed

Grievance – Deemed Termination – Nuance Group (Canada) Inc. v Service Employees International Union, Local 2 Brewery General Professional Workers Union, 2022 CanLII 53683

Part-time employee deemed terminated for failing to report to work following recall from layoff – Grievor contested receiving recall notice – Employer relied on absence of bounce back to confirm receipt of recall notice – Arbitrator concluded Employer did not do “everything reasonable in the circumstances” to notify the Grievor of his recall – termination rescinded and Grievor reinstated

Grievance – Accommodation, family status – Gueye v. Treasury Board (Canada Border Services Agency), 2022 FPSLREB 41

Grievor, a border services officer working rotating shifts, sought accommodation to work day shift based on family status – accommodation denied during spouse’s maternity leave – thereafter, agreement that Grievor would work day shifts by first organizing shift exchange with colleagues and Employer granting day shifts for remaining shifts not exchanged – no prima facie discrimination occurred: though not Grievor’s preferred accommodation, Employer allowed arrangements to work day shifts – grievance denied

CTA DECISIONS

Application – Southern Jet, Inc – Determination No. A-2022-79

Application for cancellation of Licence No. 080091 – license cancelled

Application – Middle East Airlines Airliban S.A.L. – Determination No. A-2022-80

Application for temporary licence to operate, through code sharing, an international air service on a scheduled basis between Lebanon and Canada – license issued for one year