air transat can keep banning certain flight employees from using cannabis at any time, including on days off. Arbitrator Nathalie Massicotte upheld the policy earlier this month, saying passenger safety on an aircraft must come before privacy rights in this case.
The ruling covers cabin crew members and other high-risk staff such as pilots and first officers. The union that challenged the rule says it could expose flight attendants to discipline for cannabis use several days, or even weeks, before a shift.
Massicotte ruling
Massicotte wrote, “I am of the view that passenger safety on an aircraft must take precedence over the right to privacy in this case, and more specifically, the possibility for cabin crew to consume cannabis when they are not on duty”. Her decision upheld a policy Air Transat adopted after Canada legalized cannabis in 2018.
The airline applied the rule to employees in high-risk positions, including flight and cabin crew members, pilots, first officers and other cabin staff. The decision was described as likely the first of its kind, which gives it a reach beyond one workplace dispute.
CUPE Air Transat local
The challenge came from the Canadian Union of Public Employees local representing flight attendants and service directors. Marie-Hélène Nadeau, the local president, said the policy remains “abusive and excessively intrusive” and warned that it could lead to disciplinary action against flight attendants who consumed cannabis several days, or even weeks, before a workday.
Air Transat spokesperson Stéphanie Dussault said in an emailed statement: “Our priority has always been, and will remain, the safety of our flight operations, as much for our employees as for our passengers and the public. Our policy aims to ensure that the impacted employees are able to perform their duties at all times”.
Air Transat and other airlines
The ruling may affect other Canadian airlines that have adopted similar policies for their aircrews. For Air Transat employees in covered roles, the immediate result is that the cannabis ban stays in place both on duty and off duty, with the arbitrator treating safety as the deciding factor.
