Here is a short summary of the status of pilots and/or complainants. Essentially, there are five separate categories, or groups of pilots in issue.
The first category is comprised of George Vilven and Neil Kelly only. Their remedy hearing has been completed; neither Air Canada nor ACPA has opposed their reinstatement, so that reinstatement will therefore be ordered on the release of the Tribunal decision, on or about June 1st.
The second group is the 70 pilots who completed their remedy hearing before the Tribunal in January. The decision on the liability is pending and should be released within the next month. Absent an agreement by Air Canada to have any or all of them to return to work through a settlement of all or part of their complaints, assuming that the decision is rendered in their favour, they will then be scheduled for a remedy hearing by the Tribunal. It will be some time after that that Air Canada will be ordered to reinstate those who wish to return to work.
The third group is all those pilots who have filed complaints before the Commission, but whose cases have either not yet been referred to the Tribunal, or are pending before the Tribunal. There are approximately 80 pilots in that category, growing weekly.
The fourth category is those whose involuntary termination of employment is pending, due to their forthcoming 60th birthdays. They may or may not be able to continue working, depending on how Air Canada responds to the above to pending decisions, once the decisions are released.
The last category is those whose involuntary termination of employment would occur more than 90 days after the release of the V-K decision, assuming that the decision includes a cease order. The Commission has asked for an order forcing Air Canada to cease and desist from involuntarily terminating the employment of pilots, based on age, but all parties have agreed to a 90 delay in the effective date of implementation of that order, if granted, in order to allow Air Canada to make the necessary arrangements to accommodate those changes, including changes in the PBS system to accommodate scheduling of over-age 60 pilots on international flights while meeting the crewing requirements of the ICAO Over-Under rule.
Pilots who have not filed a complaint within 12 months of the date of their termination of employment normally do not have any right, under the CHRA, to file a claim, so the list will be, for all intents and purposes, closed to anyone who was forced-retired more than one year prior to the forthcoming cease order.