Air Canada Pilots Association Brings Retirement Age Issue Before Federal Court

September 30, 2009 6:32 a.m. EST

Ottawa, Ontario (AHN) - The Air Canada Pilots Association is contesting the decision of the Canadian Human Rights Tribunal by elevating to the Federal Court of Canada a question on compulsory retirement age for pilots.

The tribunal, in its decision on Aug. 28, ruled that a practice is not considered discriminatory if the employment is ended after the person reached the normal retirement age for a worker in similar positions. Based on that stand, the tribunal did not apply Section 15(1)(c) of the Canadian Human Rights Act on the association's collective agreement with Air Canada which mandates compulsory pilot retirement at 60.

The initial lawsuit stemmed from a complaint filed by George Vilven and Robert Kelly who were forced to retire from Air Canada as pilots after they became 60. Vilven retired on Sept. 1, 2003 and Kelly on April 30, 2005.

The two pilots sought several remedies including reinstatement, restoration of seniority and service, and damage for lost income, lost pension and other benefits.

ACPA president Capt. Andy Wilson, upon receipt of the decision, said he was disappointed with the tribunal's ruling. Wilson said in a statement, "The association has a duty to represent the wishes of the majority of the pilots and we will exercise the legal avenues available to us to ensure that their interests are protected. We are reviewing the details of the decision with our legal representatives to determine the long-term impact on our members and their collective agreement and our options for responding."