Canadian-based company’s employees in Nigeria subject to Canada Labour Code

Company in aeronautics business considered a federal work subject to Canadian legislation
|Canadian Employment Law Today|Last Updated: 11/28/2012

A Canadian-based employer owed employees who worked in Nigeria severance pay in accordance with the Canada Labour Code, an adjudicator has ruled.

CHC Helicopter Corporation, a Richmond, B.C.-based company, hired and trained pilots and aircraft maintenance engineers from all over the world. It then assigned them to various operations it ran in different countries where they would fly domestic-only flights that were regulated by the countries where they were located. These pilots and engineers were called the touring crew, and they would be stationed for a period of time in one location, working on a six-week on, six-week off schedule. During their off weeks, they would often return to their home countries.

CHC had an operation in Halifax in 2008, though the employees there were permanent and did not change assignments. The company had an averaging agreement for paying its touring crew that had been approved by Human Resources and Skills Development Canada.