What is an Aviation Labour Lawyer?
An aviation labour lawyer is a human resources lawyer who understands the complexities and challenges of the industry; someone who is experienced and appreciates that the people decisions made on a day-to-day basis can have both immediate and lasting consequences.
An aviation labour lawyer is a lawyer who appreciates the importance and impact of Transport Canada decisions and Transportation Safety Board recommendations upon human resources policies and directions. This also includes understanding the impact of the Aeronautics Act, the Canada Transportation Act, the Canadian Aviation Regulations and the Canadian Aviation Security Regulation, 2012 upon human resources.
An aviation labour lawyer has significant experience in addressing substance abuse matters and drafting policies and procedures that work for the industry. This is part of what Hyde HR Law does for its aviation clients. Hyde HR Law also provides sound advice, strong and effective representation in Canada Labour Code matters, defence to complaints under the Canadian Human Rights Act, grievance arbitration and collective bargaining for unionized clients, and union avoidance strategies for those clients who wish to remain union free.
What type of legal challenges does the Aviation Industry face?
Unquestionably, the Aviation Industry has been subject to much scrutiny, particularly of late. From manufacturing and design flaws, equipment failures, to service interruptions and passenger bill of rights issues, the aviation industry is facing unprecedented challenges. To a large extent, this is a function of the unique safety sensitive environment in which it operates.
In much of the aviation industry, employees cannot simply be adequate; lives depend upon their job performance. For this reason, Human Resource Professionals within the industry face an environment which is highly and increasingly regulated, and work must be flawlessly undertaken. In the late 17th Century, Alexander Pope coined the phrase, "to err is human, to forgive divine". Not so in the case of today's Aviation Industry, where there is little room for mistakes and "forgiveness" can come at too high of a price.
This is the underlying challenge that the Aviation Industry faces. Human Resource Professionals must get it right, because of the risk and, ultimately the liability of not doing so. For this, they rely upon a close partnership with experienced Aviation Labour Lawyers.
How is the Aviation Industry regulated from a labour and employment law perspective?
Obviously, the regulation of labour and employment matters within the Aviation Industry largely falls under federal jurisdiction. The Constitution Act 1867 (Canada) (Constitution) is the general framework for federalism within Canada because it allocates legislative power between the federal and provincial governments. Under the Constitution, the federal Parliament has jurisdiction over aeronautics, and the provincial government has jurisdiction over property and civil rights in the provinces. At an airport, these powers often compete with one another. It is therefore important to understand the concept of jurisdiction and the division of federal and provincial powers. For example, the operation of an airport would fall under federal jurisdiction because of its exclusive function to service the Aviation Industry; it is an integral part of that industry. On the other hand, the building of that airport, and its upgrades, falls under provincial jurisdiction.
In addressing any matter involving the Aviation Industry, a prudent and experienced aviation labour lawyer begins with considering the appropriate jurisdiction. Determining the jurisdiction is essential to applying the appropriate law. In the Aviation Industry, recognizing the interplay between the various laws enacted for the protection of public safety, and their impact upon human resources and the work environment generally, is critical to providing sound labour and employment law advice.
What can Hyde HR Law do for my company?
Hyde HR Law can guide you through the maze of legislative requirements in the Aviation Industry and provide you with strong and effective representation in defending your HR decision-making. The lawyers at Hyde HR Law are specialists in their field, and have extensive labour and employment law experience within the Aviation Industry. Contact us today.