AVCANADA

"it's over" ??

Really Ray...Do you really believe that?
Various arguments are still ongoing and you know it!

For Air Canada employees, that means that any pilot who acquires the age of 60 on or after December 1, 2012, and any other Air Canada employee who acquires the age of 65 on or after December 1, 2012, will be entitled to remain employed until a date of their own choosing.

Raymond, why 65?

Raymond, by extension, does that also apply to all other Canadian workers? Does this then set a precedent that could be used elsewhere?

Various arguments are still ongoing and you know it!

"it's over" ??

Really Ray...Do you really believe that?
Various arguments are still ongoing and you know it!

The ACPA collective agreement incorporates by reference the provisions the provisions of the "Air Canada Pension Plan Pilots" that requires termination of pilots on the first day of the calendar month following which each pilot acquires the age of 60.

There are four other unions at Air Canada that have collective agreements with the employer. Some of those agreements specifiy retirement at the "normal age of retirement," which for them is age 65. At least one of those collective agreements does not require termination of employment at the normal age of retirement, but nevertheless, members of that union (or those unions) have been subject to a "policy" of mandatory retirement which they have condoned, at the "normal age of retirement," which has been agreed upon by both the respective union(s) and the employer as age 65.

Some of these facts have changed only recently, due to arbitration awards that have interfered with the employer's and the unions' ability to agree on the termination of employment of employees on the basis of age, subsequent to the Federal Court decision 2011 FC 120 in the Vilven-Kelly dispute, wherein the Court dismissed ACPA's judicial review of the Tribuna's finding that the mandatory retirement exemption in Paragraph 15(1)(c) of the CHRA was unconstitutional, and therefore of no force and effect.

The arbitrator issued an order for those unions to temporarily stop terminating employees, pending the final outcome of the issues in the Vilven-Kelly Charter challenge before the courts.

Will Vilven-Kelly return the money that they "won" before their case was overturned? Didn't think so.

I encourage you to look at why their case was overturned before thinking you've seen the last of them. The person who made the ruling forgot to apply any of the Supreme Court BFOR requirements in reaching his decision.

Ooops.

So in this ongoing debate, it was always argued by the flypast60 group that the CBA had no bearing on CHR issues.

So Will Vilven-Kelly return the money that they "won" before their case was overturned? Didn't think so.

I know, I know. Any time there was a ruling against flypast60 it was obviously erroneous. Stupid judges.

I think the more appropriate question to ask, is “If Air Canada and/or ACPA are so confident that the BFOR decision will be upheld, why haven’t they asked for their money back?”

I read they considered it. Decided against asking for their money back because after legal expenses it would have been a wash.

Where did you read that? There was nothing in any of the information that I saw go out to the members. You obviously know more about this than you are letting on. And if what you say is correct, that they considered it, you must have obviously swallowed that lame excuse, for what are the legal expenses involved in sending a letter to them to tell them to pay the money back? That is one expensive lawyer's letter!

AC and ACPA are today announcing that they are calling for a Federal Election and the abolishment of the Senate. It is clear that existing politicians do not understand the complicated 'deferred compensation' concept at AC and therefore cannot be trusted to pass new laws.

I'm to lazy to read all the topics on this crap. I don't care if you take as discrimination or not. At that age you are not on the ball as you once were like when you were 50 or 55 for that matter.