Avalon Aviation Ltd. v. Desgagne

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Court of Appeal (Canada)
• Judge: Heald and Urie, JJ., and Kelly, D.J.
• Citation: (1981), 42 N.R. 337 (FCA)
• Date: 19 February 1981

Avalon Aviation Ltd. v. Desgagne (1981), 42 N.R. 337 (FCA)

MLB headnote and full text

Avalon Aviation Ltd. v. Desgagne

(A-216-80)

Indexed As: Avalon Aviation Ltd. v. Desgagne

Federal Court of Appeal

Heald and Urie, JJ., and Kelly, D.J.

February 19, 1981.

Summary:

This case arose out of a grievance by an employee under the terms of a collective agreement. The employer alleged before an arbitrator that the employee was a manager and consequently was barred from filing a grievance. The arbitrator allowed the employee's grievance. The employer appealed to the Federal Court of Appeal.

The Federal Court of Appeal dismissed the appeal.

Labour Law - Topic 6004

Industrial relations - Manager defined - A Chief Inspector and Chief Engineer of a company filed a grievance under a collective agreement - The employer claimed that the employee was barred from filing a grievance because the employee was a manager - The Federal Court of Appeal affirmed that the employee was not a manager for purposes of s. 27(4) of the Canada Labour Code.

Cases Noticed:

Leesona v. Consolidated Textiles et al., [1978] 2 S.C.R. 2; 18 N.R. 29, refd to. [para. 2].

Attorney General of Canada v. Gauthier, [1980] 2 F.C. 393; 34 N.R. 529, refd to. [para. 4].

Statutes Noticed:

Labour Code, R.S.C. 1970, c. L-1, sect. 27(4) [para. 5].

Federal Court Rules, rule 302, rule 424, rule 425, rule 427 [para. 2].

Counsel:

W.J. Armstrong, for the applicant;

No one appearing for the respondent;

L. Desgagne, on his own behalf.

This appeal was heard by HEALD and URIE, JJ., and KELLY, D.J., of the Federal Court of Appeal at Calgary, Alberta on February 17, 1981.

The judgment of the Court of Appeal was delivered by HEALD, J., at Calgary, Alberta on February 19, 1981.