When Flight Crews Defy the Law: Lessons from the Air Canada Strike for Ontario Employers

The recent Air Canada strike, which saw over 10,000 flight attendants walk off the job in a bid for fair pay and recognition of unpaid duties, has had broad economic consequences for the airline and tourism industry. However, beyond the business fallout, the strike raised a more serious legal issue that Ontario employers cannot afford to ignore.

On August 16, the federal government invoked Section 107 of the Canada Labour Code, ordering the flight attendants, represented by CUPE, back to work through binding arbitration. This legal tool is meant to preserve essential services while protecting workers’ rights to a fair process. The union, however, defied the order, continuing job action for three more days until a tentative agreement was reached on August 19. 

This defiance was not merely symbolic, it was legally risky. 

Under Canadian federal labour law, when a return-to-work order is issued, continued strike activity becomes illegal, and participating employees and unions may be exposed to penalties, including: 

• Fines for individuals and unions; 

• Potential decertification of the union (in extreme cases);

• Employer disciplinary rights, including termination; 

• Loss of public and legal sympathy, particularly in essential services. 

Why Ontario Employers Should Pay Attention 

Even though this was a federally regulated dispute, it offers important lessons for provincially regulated employers across Ontario: 

1. Know Your Rights During Illegal Strikes 

If your employees stage walkouts during periods when striking is prohibited (e.g., during a collective agreement or after a back-to-work order), you may have the right to take disciplinary action, up to and including dismissal, subject to legal advice and the terms of your collective agreement. 

2. Workplace Culture Implications 

Strikes that defy orders highlight how deep labour tensions can run. Ontario employers should take note that when employees are willing to risk legal sanction, it's often a sign of deeper systemic issues, including distrust, burnout, or perceived inequities. 

3. Contingency Planning Is Crucial 

Air Canada's three-day service shutdown affected hundreds of Ontario businesses reliant on travel and shipping. This underscores the need for employers to build resilience into their operations, especially those dependent on federally regulated partners like airlines, railways, and ports. 

Labour law is, at its heart, a balancing act between the right to strike and the need to protect essential services and public order. When that balance is broken, as it was briefly during this Air Canada standoff, the legal, economic, and reputational risks escalate for everyone involved.