CHQ-16-16 (Employees on LTD) – Update

In 2016, the Union filed a grievance challenging Air Canada’s decision to terminate the employment of employees on LTD that Air Canada had determined would not be returning to work.  The Chief Arbitrator issued an interim cease and desist order preventing any of the planned terminations from taking effect.

During the past four years, the case has advanced to arbitration, witness statements and reports were filed, and witnesses were cross-examined. Earlier this year, the Union and Air Canada exchanged lengthy written legal submissions.   A final hearing date had been scheduled for Monday April 27, 2020 to allow for short oral submissions, however, in light of the COVID-19 pandemic, the hearing date has been cancelled.  The Chief Arbitrator will make his determination based on the evidence before him and the lengthy written submissions already filed.  We expect that he will issue his award within the coming weeks or months.

A reminder that if the Chief Arbitrator determines that Air Canada can terminate the employment of individuals on LTD, those terminations will not take effect immediately.  Individual determinations would only take place after a second individualized inquiry takes place regarding each individual’s prospect of returning to work, whether as a Flight Attendant or in an (accommodated) ground position.

Should you require a copy of the protocol relating to the arbitration procedure or you would like a copy of the written submissions filed, please contact Ivana Jovic at i.jovic@accomponent.ca.

When we receive the Chief Arbitrator’s award, we will provide a further update.

In solidarity,