PM41261516
Employment agreements: The whole
is greater than the parts PG.4
Ontario Court of Appeal rules
termination provisions are only
enforceable if all of their clauses are
legal under employment standards
legislation
BY JEFFREY R. SMITH
AN APPLICANT for an Air Canada flight attendant
job who was in his sixties was rejected because of a
poor interview, not his age, the Federal Court has
ruled.
Pedro Pedroso, 64, was working as an airplane
groomer at the Ottawa International Airport in
July 2016 when he applied for a bilingual flight
attendant position with Air Canada. One month
later, Air Canada invited him to a 20-minute tele-
phone interview followed by language assessments
for Spanish, German and English.
Pedroso passed all of the language assessments
and completed the next phase of the application
process, the Thomas International General Intel-
ligence Assessment (GIA) — an online assessment
designed to measure the mental capacity, prob-
lem-solving and adaptability of applicants to see if
they are potential leaders. Air Canada didn't notify
Pedroso of the result, but he assumed he passed
it because the airline invited him to an in-person
interview at its Montreal headquarters on Oct. 1.
Weed order at work snuffs out
Manitoba manager
Participation in subordinate's online order of illegal pot — and
receiving it at work — showed lack of leadership, breached policies
BY JEFFREY R. SMITH
A MANITOBA managerial employee who got
in on a subordinate's ordering of marijuana at
work deserved to be fired, the Manitoba Court
of Queen's Bench has ruled.
The worker was the manager of broker sup-
port and Autopac services for the Manitoba Pub-
lic Insurance Corporation (MPIC) in Winnipeg,
a Crown corporation that provides insurance,
registration and licensing services to drivers as
well as contributes to road safety measures in
the province of Manitoba. Hired in September
2000, the worker moved into the management
position in April 2017, where her role involved
managing services that audited and monitored
broker transactions as well as rate appeals, mi-
September 9, 2020
Discrimination in hiring: What level of risk
should an employer assume? PG. 3
Rejecting a job candidate for not having the
ability to safely perform the job isn't
discrimination: Quebec court
EMPLOYEE on page 6 »
CREDIT:
BEMBODESIGN
iSTOCK
CREDIT:
SJO
iSTOCK
APPLICANT'S on page 7 »
with Stuart Rudner
Rejection of 60-year-old job
applicant not discrimination
No evidence that Air Canada's rejection of job applicant was based
on anything other than interview performance: Federal Court
Ask an Expert PG. 2
Benefits and vacation time
during temporary layoffs
