Paid ESA Leave for COVID-19 Absences – Update on Entitlement and the Reimbursement Process

Neil Dzuba & Patrick Twagirayezu

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Quebec arbitrator upholds total prohibition of recreational cannabis use for cabin crew

TOP STORY The union grieved the prohibition of recreational cannabis use for safety-sensitive positions – including flight attendants and service directors – in Air Transat’s zero-tolerance policy implemented following the legalization of cannabis in 2018. In her decision, the arbitrator reiterated the right of an employer to implement workplace policies subject to the KVP test and compliance […]
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Training related to access to airports’ restricted areas not “training” under collective agreement: Arbitrator

TOP STORY The Union representing flight crew filed a grievance arguing that time spent renewing the ID card required to access airports’ restricted areas should be compensated as time worked. It also claimed that the training required by the Toronto Airport during the renewal process should be deemed to be training counting towards flight hours […]
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Air Canada to Dispute $426K Penalty From Airline Regulator Stemming From 2025 Events

TOP STORY Air Canada says it rejects a claim by the country’s airline regulator that it failed to live up to its rebooking obligations during a labour disruption last summer and it will push back accordingly on a formal penalty it has been handed. Air Canada to dispute $426K penalty from airline regulator stemming from […]
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For Cause Provision Defines “Cause” Too Broadly, Rendering Entire Termination Provision Illegal Under the Canada Labour Code

Recently, termination provisions in employment contracts have been subject to increased scrutiny by the courts. As a result, there are a growing number of decisions detailing the ways in which these provisions can inadvertently contravene applicable employment standards legislation. Post-Waksdale, the outcome in such cases is typically the unenforceability of the termination provision as a […]
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If Your Employee’s in Quebec, So Are You.

Employers with cross-border employees or remote-working employees should take note of the Quebec Superior Court’s recent decision inCicale v. Swiss International Air Lines Ltd., 2025 QCCS 4421. This case confirms that an employee will likely be entitled to the employment protections of the Civil Code of Quebec where they physically perform their work from the province of Quebec.
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