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WestJet seeks exemption to section of Canada Labour Code covering group terminations – CBC.ca

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WestJet is asking for an exemption to the section of the Canada Labour Code covering group terminations.

In a letter to federal Labour Minister Filomena Tassi, the airline says it finds itself in “unprecedented circumstances with regards to the coronavirus pandemic and the subsequent decline in air travel prompted by containment measures worldwide.”

WestJet says abiding by group termination provisions in the Labour Code would be “unduly prejudicial to the interests of the company’s employees and to the company, and are seriously detrimental to the operations of the company’s industrial establishments.” 

The airline also said “measures are already in place to assist redundant employees which have substantially the same or the same effect” as the measures in the applicable section of the code.

Division IX of the Canada Labour Code is applicable if a federally regulated company plans to terminate more than 50 employees during a four-week period. Under those circumstances, certain provisions kick in designed to protect the employees and prevent a flood of people entering the labour market all at once.

Instead of the two weeks’ notice required for individuals, Division IX states employees who lose their job during a group termination are entitled to 16 weeks’ notice or pay in lieu of that notice.

This is the second time in less than a year that WestJet has asked for an exemption from part of the Canada Labour Code. The previous request was not related to the pandemic. (Jeff McIntosh/The Canadian Press)

“Really, that’s designed to try to allow people to get things in order,” said Philip Graham, a lawyer specializing in employment law at Koskie Minskie law firm in Toronto.

“It also allows the employer and representatives of  the employees the opportunity to sit down and try to minimize the effects of the layoff: Is it possible to perhaps shift employees around, to furlough employees, to put them on a shared work schedule, so that they don’t actually end up having to be terminated and entering the market as job seekers.”

With group terminations, an employer is also required to co-operate with the Canada Employment Insurance Commission, provide affected employees with a statement of benefits, and establish a joint planning committee.

This is the second time in less than a year that WestJet has asked for an exemption from part of the Canada Labour Code. The previous request was not related to the pandemic.

‘Very concerning’

Last August, WestJet asked for exemptions to rules covering the right of employees to refuse overtime, the requirement they be given 24 hours’ notice of a shift change, and the mandatory half-hour break for every five hours of work.

“There’s no question that this is a very trying time for airlines around the world,” said Chris Rauenbusch, president of CUPE 4070, which represents flight attendants and cabin crew members of WestJet, its regional airline Encore and its discount arm, Swoop.

“The union has to be mindful of the operating circumstances, but just to ask for a blind exemption to the Canada Labour Code is certainly something that we view as very concerning,” said Rauenbusch. 

“To us it seems every time the code gets in the way, WestJet files exemptions to it. And the point of the code is to protect employees; it’s not to be negated and bypassed every time an employer has a perceived need.”

Rauenbusch says WestJet is trying to bypass the union, which would normally use the 16-week notice to negotiate further for things such as job retraining or new positions within the company.

WestJet laid off about half of its 14,000 workforce in March, and announced last month it would layoff a further 3,000 employees, saying its passenger loads had dropped by more than 95 per cent due to travel restrictions imposed because of the coronavirus outbreak. Since then, the airline has rehired about 6,400 employees with the help of the federal government’s wage subsidy program. 

In an email to CBC News, WestJet spokesperson Morgan Bell said the airline has not made any decisions to move ahead with terminations. 

“An exemption [to the Canada Labour Code] would allow the airline flexibility to act in a timely manner in this rapidly changing and prolonged crisis. This letter is consistent with our respect for government processes and the Labour Code,” said Bell.  

An email to the labour minister’s office was not returned prior to publication.

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

The Canadian Press. All rights reserved.

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

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