Ashraf v. Jazz Aviation
AFFAN ASHRAF
Law Firm / Organization
Not Specified
JAZZ AVIATION
Law Firm / Organization
Harris & Company LLP

Mr. Affan Ashraf, a flight attendant, was dismissed from his employment with Jazz Aviation. He filed a lawsuit in the Federal Court alleging wrongful dismissal, discrimination, workplace harassment, and Charter violations. The Federal Court dismissed his claim, stating that it did not disclose a reasonable cause of action. The court also noted that the mandatory arbitration clause in the collective agreement applied to the dispute and that Mr. Ashraf's claims based on the Charter, negligence, and breach of fiduciary duty had no reasonable cause of action. Mr. Ashraf appealed the decision, but during the appeal, he admitted that there was no error in the Federal Court's decision. The court affirmed the dismissal of the appeal, concluding that the Federal Court's decision was correct and that Mr. Ashraf's remedy for wrongful dismissal lay in the collective agreement. The court also clarified that the Charter did not apply to non-governmental actors like Jazz Aviation, and violations of human rights legislation do not create a private right of action. The appeal was dismissed, leaving Mr. Ashraf with no further legal recourse.

Federal Court of Appeal
A-19-21
Employment law
Respondent