I'm a non-unionized commercial pilot who works on a 10-days-on/5-days-off schedule. Days on are usually spent "on call" and I must be able to report to the airport in 2 hours. The company claims that days "on call" are not considered "work" and are not subject to additional statutory holiday pay. Since my flying schedule is random, my position is that I'm being paid to be available to fly rather than being paid to fly. Therefore, being available to fly IS my work. Any thoughts on that?

Recently, the company unilaterally changed my schedule from 10-on/5-off to 14-on/3-off without additional pay. I have told them that I do not agree or accept this change. Can this be considered constructive dismissal?

Thanks!

The Canada Labour Code (CLC) governs employment standards for federally regulated employees, including commercial pilots. Under the CLC, "hours of work" generally refers to the time during which an employee is required to be at work or at the employer’s disposal. If you are required to be available and able to report to work within a short timeframe (e.g., 2 hours), this "on call" period may be considered compensable time, especially if your ability to use the time freely is significantly restricted (e.g., you must remain within a certain distance from the airport, abstain from alcohol, etc.). Given the realities of your situation, you may very well be considered "working" while on call.

If the changes you mention result in a significant reduction in pay or amount to a significant change to your work schedule, then they would likely amount to a constructive dismissal.

I recommend you contact our firm to discuss the matter in more detail and determine whether we can assist you.