Possible Strike at Pearson Airport Beginning Thursday Posted onJuly 26, 2017June 22, 2020/ Devry Smith Frank LLP By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight time, because your flight could face some delays. Why, you may ask? Pearson’s ground crew for 30 airlines may be going on strike tomorrow, with the potential to delay flights. Monday, the union representing Swissport workers (approximately 700 employees) filed a 72-hour strike notice and will ask its members to shoot down the company’s final offer. Swissport believes their final offer is “fair and competitive, and expressed disappointment that the union may strike.” The union has not yet given members the reason why they are to reject this apparent fair and competitive offer. All workers that will be going on strike as early as Thursday night include: Baggage Handlers Cargo Handlers Cabin Cleaners The union is expressing their concerns with: Company’s decision to hire 250 temporary workers – without significant change in workload Union was only given a day’s warning before they began hiring the workers Training duration temps receive (3-4 days rather than 3-4 weeks) Don’t believe these workers can do their job with no experience and poor training They also claim that Swissport hired those 250 workers to put leverage on workers during the current round of contract negotiations. Which they believe is sacrificing airport safety. Swissport’s response to the hiring of temporary workers as a way to respond to the summer rush, something they are permitted to do under the collective agreement. As a result, the Teamsters have filed a formal complain with the Canadian Industrial Relations Board. Specifics could not be discussed due to the upcoming CIRB case. It will be interesting to see how many workers do go one strike, considering it has been mentioned that the union’s members don’t want to strike. Nevertheless, the Greater Toronto Airports Authority has a contingency plan in place in the event of a strike or labour disruption by Swissport workers. Devry Smith Frank LLP (“DSF”) is a full service law firm in Toronto that has experienced Labour Law Lawyers that can assist employers in the event of union organizing, bargaining and negotiations, and strikes. If you require a Labour law Lawyer, contact DSF’s Labour Lawyers today, or call our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts Posted onMay 26, 2021June 24, 2024/ Marty Rabinovitch Temporary Layoffs during COVID-19 Can Amount to Constructive Dismissal under Common Law – Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII) In earlier blog posts, which can be found here and here, we wrote about the implications of Regulation 228/20 (the “Regulation”), enacted pursuant to the Employment Standards Act, 2000(the “ESA”). The Regulation states that non-unionized employees who had their hours reduced or eliminated due to COVID-19 are deemed retroactively to be on Infectious Disease Emergency [...] Read more Posted onFebruary 24, 2021February 24, 2021/ Marty Rabinovitch Termination Provisions of Employee Stock Awards Agreement Found Unenforceable – Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII) In 2018, an employee was terminated by his employer without cause following a tenure of nearly 23 years. In addition to his base salary, the employee’s compensation included performance-based cash bonuses and stock awards, which collectively accounted for approximately 30% of his income. The stock awards in question were awarded to the employee during his [...] Read more Posted onSeptember 15, 2020September 29, 2020/ Marty Rabinovitch Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021 On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). As a result of this new regulation, non-unionized workers who had their hours reduced or eliminated due to COVID-19 are deemed retroactively to be on Infectious Disease Emergency Leave, which is an unpaid, job-protected leave under the ESA. The regulation applies retroactively from March 1, 2020, and initially [...] Read more Posted onAugust 26, 2020September 2, 2021/ Marty Rabinovitch Enforceability of Termination Clauses and the Latest Blow to Employers – Waksdale v. Swegon North America Inc. (2020 ONCA 391) Termination clauses are often relied upon by employers to define an employee’s severance entitlement when an employee is terminated without cause. These clauses are often drafted to limit an employee’s entitlement to their statutory minimums, which are significantly less than the employee’s entitlement at common law. If an employment contract contains no termination clause or [...] Read more Posted onJuly 20, 2020June 24, 2024/ Marty Rabinovitch Employers Must Discharge Their Onus to Prove Failure to Mitigate A recent 2020 decision of the British Columbia Supreme Court, Virk v. Satnam Education Society of B.C., was a reminder that in wrongful dismissal litigation, the employer has the burden to prove an employee’s failure to mitigate. When an employee has been wrongfully dismissed, they are obligated to act reasonably by taking steps to replace their [...] Read more
