Occupational Health and Safety Tribunal Canada

 

 

 

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

 

Air Canada

appellant

 

and

 

Canadian Union of Public Employees Airline Division, Air Canada Component (CUPE)

respondent

 

________________

Decision No.: CAO-06-040

November 10, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Marie Cousineau, Counsel for Air Canada

Maryse Tremblay, Counsel for Air Canada

 

For the respondent

James Robbins, Counsel for CUPE

 

Health and Safety Officer

F. Cook, Transport Canada, Commercial and Business Aviation, Edmonton, Alberta

 

• [1] This case concerns an appeal made on June 22, 2005 under the Canada Labour Code, Part II, subsection 146(1), by Marie Cousineau, Counsel for Air Canada, against a direction issued by Health and Safety Officer (HSO) Frank Cook.

• [2] The direction followed upon a refusal to work by a flight attendant on January 2, 2005 , who considered that flying to Punta Cana, Dominican Republic, posed a danger due to the presence of Malaria. It directs Air Canada to provide its crews operating to Punta Cana with mosquito repellent containing at least 30% DEET.

• [3] A request for a stay of the direction was heard on September 9, 2005 and refused by the above named Appeals Officer on September 16, 2005 .

• [4] On November 9, 2006 , after numerous attempts to schedule a hearing on the merits of the case, Maryse Tremblay, Counsel for Air Canada, sent a letter to this Office indicating that Air Canada was withdrawing its appeal of the direction.

• [5] Considering the written request to withdraw the appeal and having reviewed the file, I accept the request and declare this case closed.

 

 

_________________

Richard Lafrance

Appeals Office

SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision 06-040

 

Appellant Air Canada

 

Respondent Canadian Union of Public Employees Airline Division, Air Canada Component (CUPE)

 

Provisions

 

Canada Labour Code 146(1)

Keywords Withdrawal, mosquito repellent,

 

SUMMARY

 

On June 22, 2006 , Air Canada appealed a direction issued following a work refusal. On November 9, 2006 , Air Canada withdrew its appeal of the direction. The case is therefore close.