Labour Relations
Judicial review of decision by Transport Canada refusing to commence workplace safety investigation under Canada Labour Code, R.S.C., 1985, c. L-2, Part II until completion of internal complaint resolution process contemplated by Code, s. 127.1—Air Canada flight attendant refusing to work aboard aircraft due to inoperable cabin communication system creating dangerous work environment—Internal complaint resolution process engaged by employee under Code, s. 127.1—Latter provision stipulating alleged contraventions of Code, Part II must be submitted initially to internal complaint resolution process before other available recourse sought—Code, s. 127.1(11) which states nothing in s. 127.1 limiting health and safety officer’s authority under s. 145, badly written, not intended to recognize authority under s. 145 for involving health and safety officer in resolution of s. 127.1 complaint—Conditions under s. 127.1(8) contemplating internal investigation by appropriate health and safety representatives before engagement of Transport Canada—For complaint not involving situation of ongoing danger, investigation under s. 141, internal complaint resolution process must be exhausted before recourse to health and safety officer available under Code, s. 127.1(8)—Application dismissed.
CUPE v. Air Canada (T-197-08, 2009 FC 12, Barnes J., judgment dated January 6, 2009, 14 pp.)