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Transportation

BC court issues precedent decision on penalties for breach of Canada Labour Code group termination provisions

Jurisdiction: - Canada/Federal
Sector: - Transportation

In Regina v. Servisair Inc. BCPC 142, the BC Provincial Court addressed the appropriate penalties to impose for breach of certain Canada Labour Code ("CLC") group termination provisions.

The decision was issued on May 10, 2011. It is the first reported decision in Canada to consider the penalty issue.

Group Termination Provisions

The group termination provisions in the CLC are triggered when 50 or more employees are terminated in a single industrial establishment either simultaneously or within a 4-week period. Among other things, these provisions require the employer to:  read more »

Pilot at top of Air Canada seniority list files complaint with CIRB over mandatory retirement issue

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Globe and Mail has a story today ("A pilot's quest to remain at the top") on the latest chapter of the long-running dispute between Air Canada, the Air Canada Pilots Association ("ACPA") and individual pilots over the airline's mandatory rule. 

There are 3,039 pilots on the seniority list. Michael Ennis, who joined Air Canada in 1972, rose to the top of the list in February 2010.  He turns 60, however, in April of this year and is being forced to retire by the airline.

The ACPA has apparently declined to represent him in this matter, thus prompting him (and two other pilots) to file complaints against the ACPA with the Canada Industrial Relations Board (CIRB) yesterday.

I am presuming that they are duty of fair representation complaints. As stated on the CIRB's website:  read more »

Bombardier ordered to cease applying US national security standards when processing training requests for pilots

Jurisdiction: - Quebec
Sector: - Transportation

In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.

Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).

In her article, Ms. Gudas states that this decision:
 read more »

Canadian Human Rights Tribunal issues remedies decision in Air Canada pilots mandatory retirement case

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Canadian Human Rights Tribunal ("CHRT") issued its decision on remedies in the Air Canada pilots mandatory retirement case on November 8, 2010 (Vilven v. Air Canada, 2010 CHRT 27).

In a landmark decision released on August 28, 2009, the CHRT had declared that the age 60 mandatory retirement provisions in Air Canada's pension plan and its collective agreement with the Air Canada Pilots Association ("ACPA") violated the equality provisions in section 15 of the Charter and could not be saved under Section 1 of the Charter.  See my post here.

That decision is now the subject of a judicial review application by the ACPA, which supported the mandatory retirement provisions. See my post here.  read more »

BC Court of Appeal finds Coast Mountain Bus Company's Attendance Management Program to be discriminatory

Jurisdiction: - British Columbia
Sector: - Transportation

In a decision issued on October 15, 2010 - Coast Mountain Bus Company Ltd. v. National Automobile, Aerospace, Transportation and General Workers of Canada
(CAW-Canada), Local 111
, 2010 BCCA 447 - the BC Court of Appeal found Coast Mountain Bus Company's Attendance Management Program to be discriminatory.

In doing so, the appeal court overturned the chambers judge's 2009 decision, which I wrote about here, and restored the BC Human Rights Tribunal's February 2008 decision on this point.  read more »