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Issue 51 September 22, 2010
“Mandatory Retirement Update”
In our last bulletin regarding mandatory retirement, we let you know that given recent court decisions, it was our expectation that Air Canada would be reviewing its mandatory retirement policy.
We also committed to seeking legal counsel to determine the effect that these court decisions would have on us. Given the importance of this issue to the Membership, legal opinions were sought from three different lawyers. All three lawyers were unanimous in their opinion that given the recent court decisions, the Union now has an obligation to represent Members who may wish to grieve the Company’s refusal to allow them to work past the age of 65. Further, any refusal on the Union’s part to grieve on a Member’s behalf could result in complaints being filed against the Union at the Human Rights Commission, or the Canada Industrial Relations Board.
In a recent case involving four Air Canada Flight Attendants, the Human Rights Tribunal ruled that the mandatory retirement provision of the Canadian Human Rights Charter is not applicable where an application of this provision would be discriminatory. This means that we must now challenge Air Canada’s policy of mandatory retirement in order to protect the Membership from future liability. Accordingly, the Union will fulfill its obligation to file and pursue grievances as members who request to continue their employment with Air Canada beyond the age of 65 are refused by the Company.
In Unity,