| Citation: |
Air Canada v. Canadian Union of Public Employees, 2010 FC 439, [2010] 2 F.C.R. D-14 |
T-1194-09 |
Labour Relations
Judicial review of appeal officer’s decision concluding air safety report (ASR) employer report within meaning of Canada Labour Code, R.S.C., 1985, c. L-2 (Code), s. 135(9)—ASR filed by pilot following incident on runway, requested by workplace safety committee as part of investigation—Request refused, Committee informed ASR released only on consent of pilot or if required by law—Appeal officer characterizing ASR as employer report, hence accessible to Committee—Reasons showing appeal officer adopted appropriate approach, provided transparent, intelligible justification—Based on definition of employer under Code, Part II, appeal officer’s decision reasonable that document could be employer report even if authored by non-management employee—Employee filing report acting on behalf of employer, for employer’s benefit—Application dismissed.
Air Canada v. Canadian Union of Public Employees (T-1194-09, 2010 FC 439, Beaudry J., judgment dated April 23, 2010, 19 pp.)