Loconte v. Air Canada

Loconte v. Air Canada

Dismissal denied because prior decision-makers did not appropriately deal with the substance of the human rights complaint: WorkSafeBC lacked jurisdiction to grant CHRA remedies and addressed only physical disability; the CIRB decided a duty of fair representation issue not the accommodation claim; and the arbitrator’s award did not contain a clear finding on alleged mental disability, so none of those decisions precludes a CHRT hearing on the mental-disability accommodation and dismissal claims.

Citation
2025 CHRT 41
Parties
Complainant: Sebastiano Loconte; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 May 2025
Procedural Posture
Human Rights Disability / Motion to Dismiss Decided; Complaint to Proceed to Hearing; Case Management Conference Ordered
Outcome
Motion to dismiss denied; complaint to proceed to hearing
Legal Topics
Reasonable Accommodation, Dismissal, Jurisdiction to Provide Remedies, Issue Estoppel / Res Judicata, Duty of Fair Representation, Arbitration Review
Source Language
English
Human Rights Employment Administrative Law Disability Law Reasonable Accommodation Dismissal Jurisdiction to Provide Remedies Issue Estoppel / Res Judicata +2 more

Case Brief

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Parties

Sebastiano Loconte

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Disability / Motion to Dismiss Decided; Complaint to Proceed to Hearing; Case Management Conference Ordered

Legal Issues

  1. 1 Whether prior decisions by WorkSafeBC, the CIRB or an arbitrator have already dealt with the substance of the human rights complaint so as to justify dismissal without a hearing
  2. 2 Whether WorkSafeBC had jurisdiction to grant the human rights remedies sought
  3. 3 Whether the CIRB decision on union representation addresses the human rights accommodation claim

Ratio Decidendi

Dismissal denied because prior decision-makers did not appropriately deal with the substance of the human rights complaint: WorkSafeBC lacked jurisdiction to grant CHRA remedies and addressed only physical disability; the CIRB decided a duty of fair representation issue not the accommodation claim; and the arbitrator’s award did not contain a clear finding on alleged mental disability, so none of those decisions precludes a CHRT hearing on the mental-disability accommodation and dismissal claims.

Court Disposition

Motion to dismiss denied; complaint to proceed to hearing

Orders

  • Motion dismissed
  • Convene a case management conference to set dates for the hearing