Disciplinary letters issued to three members of a safety
"Policy Committee" were not retaliatory under the
Canada Labour Code, the Canada Industrial Relations Board
Air Canada issued letters to three members of the Policy
Committee, which is required by the Canada Labour Code,
alleging that they had refused to go through with a Policy
Committee meeting despite being on full time paid leave from Air
Canada to perform Policy Committee duties.
The employees' union, CUPE, filed a complaint arguing that
the letters were prohibited reprisals under the Canada Labour
Air Canada and CUPE had entered into a Memorandum of Agreement
dealing with a number of issues including releasing of cabin
personnel to perform safety representative duties. The
Memorandum of Understanding lead to CUPE and Air Canada taking
contradictory positions about the number of employee members on the
Policy Committee. The aborted Policy Committee meeting
resulted from that dispute.
The Canada Industrial Relations Board held that the dispute
between the employees and Air Canada, and Air Canada's
disciplinary actions, therefore resulted from the Memorandum
of Agreement, not from the employees' participation in a safety
process under Part II of the Canada Labour Code. As
such, there was no safety-reprisal issue under the Canada
Labour Code. The Canada Industrial Relations Board was
not the forum for adjudication issues under the Memorandum of
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).