[92] With respect to Vilven and Kelly claims for pain and suffering, in my opinion these claims should not be allowed. They both ask for the maximum of $20,000 without explaining why they are entitled to the maximum. The Tribunal jurisprudence clearly indicates that the maximum award is reserved for the most egregious discriminatory practice. The facts presented by the complainants do not meet this standard.
[93] Rather the facts of this case militate against any award for pain and suffering. From the time Vilven and Kelly joined Air Canada they were well aware of the mandatory retirement age of 60. Yet they did nothing to challenge this as being discriminatory until after they were retired from Air Canada at age 60.
[94] On the contrary, they benefitted from this discriminatory practice by being able to move up more quickly in terms of seniority, higher paid positions, preferred monthly schedules and vacation schedules. This was because the pilots ahead of and more senior to them were obliged to retire at age 60.
Geez...some common sense from the Tribunal....whodda thunk it.....
I guess all the kool-aid drinkers are out partying tonight.
where is the slam-dunk here?
Bueller? Bueller?