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In a recent decision involving Sunwing Airlines Inc. (WestJet), an arbitrator upheld the dismissal of a pilot who was found, following an external investigation, to have sexually harassed a flight attendant during a layover. Unifor grieved the termination, arguing that discharge was an excessive penalty in the circumstances. Based on the evidence, however, the arbitrator found that the grievor had engaged in a progressively more inappropriate course of conduct and that his behaviour therefore fell at the higher end of the spectrum of sexual harassment and sexual assault. Despite the grievor’s regret regarding his actions, the fact that he was unlikely to engage in the same behaviour again, and his lengthy and unblemished service record, the arbitrator concluded that these mitigating factors did not outweigh the seriousness of the grievor’s misconduct. Ultimately, the grievance was dismissed.
2026 CanLII 15014 (CA LA) | Sunwing Airlines Inc. (Westjet) v Unifor, Local 7378 | CanLII
Decisions
Grievance, preliminary motion, sequence of evidence – Keewatin Air LP v. Air Line Pilots Association, 2026 CanLII 15866 (CA LA)
Grievors resigned from positions as pilots but allegedly did not receive their final pay – Keewatin asserted grievors received all monies owing following payroll reconciliation exercise – Union argued Keewatin collected overpayment contrary to collective agreement and Canada Labour Code – Union made preliminary motion that Keewatin proceed first in arbitration hearing – arbitrator found Union had sufficient information to understand why Keewatin made its decision, or at least sufficient information to present its case first – arbitrator declined to exercise discretion to order reversal of ordinary sequence of evidence
Grievance, vaccination policy, religious exemption – Air Canada v Air Line Pilots’ Association, 2026 CanLII 16803 (CA LA)
Grievors initially denied religious exemptions under COVID-19 vaccination policy and placed on unpaid leave – grievors later granted exemptions and placed on paid leave at that time – Union argued exemptions should have been granted at the outset – arbitrator found substantive nexus between grievors’ religious beliefs and objections to vaccination policy was manifest – Union made out prima facie case of workplace religious discrimination – arbitrator concluded grievors should have been placed on paid leave at the outset – Air Canada ordered to compensate grievors commensurately – ‘duty to accommodate’ aspect of all grievances left outstanding
Judicial review, dismissal, vaccination policy – Henrikson v. Westjet, 2026 FCA 39
Application for judicial review of Canada Industrial Relations Board (CIRB) decision in unjust dismissal claim – applicant was terminated for failure to comply with COVID-19 vaccination policy – CIRB found vaccination policy was reasonable, clear, unequivocal and applied fairly, and that termination was not excessive – Court of Appeal concluded CIRB decision was reasonable – Court of Appeal also rejected applicant’s claims of bias and breach of procedural fairness – application dismissed
Workers’ compensation, preliminary motion, settlement – Air Canada et Zivkovic, 2026 QCTAT 763
Employer appealed Commission’s recognition of hearing loss as occupational disease and related costs allocation – employer raised preliminary matter, alleging that parties had reached settlement during conciliation – Tribunal found settlement was reached which complied with legislation – preliminary motion and appeal allowed – Commission’s decision infirmed
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