Under the Canada Labour Code, layoffs that exceed 12 months are considered a termination of employment and certain provisions of the Code begin to apply. To be clear this does not affect your five-year recall rights provided under the Collective Agreement.
In December 2020, Air Canada and Air Canada Rouge applied to the Minister of Labour for a waiver of the Group Termination provisions of the Canada Labour Code pertaining to members who were laid off in June 2020. The Employer felt it did not need to follow the Canada Labour Code provisions due to the pandemic. CUPE along with other Air Canada unions filed objections to this application.
We were advised late last month that both Air Canada and Air Canada Rouge’s waiver applications were denied by the Minister of Labour. Per the Code requirements, Air Canada and Air Canada Rouge posted the Notice of Group Termination in all of our crew rooms. As the waiver has been denied, the Employers are mandated to form a joint planning committee with your Union.
The joint planning committee is formed to develop an adjustment program to try to eliminate the necessity for the termination of employment, to minimize the impact of the termination of employment on the redundant employees and to assist those employees in obtaining other employment.
We will update you with additional information in the weeks ahead as we move through the joint committee process.