Air Canada Age 60 Limit To End

[cloudcity]

It's all laid out in the Order isn't it? The pertinent paragraphs:



X. Order

[174] The Tribunal orders as follows:

1) The respondents are to cease applying to the complainants, s.5.1 of the Air Canada Pilots Pension Plan and the corresponding provisions of the collective agreement Plan;

5) Upon reinstatement, the complainants are to receive the wages and benefits of an active employee including continual accrual of pension benefits on the same terms and conditions as before their retirement;

7) The compensation for lost wages shall be net of the amounts of the pension paid to the complainants from September 1, 2009 to the date of their reinstatement.

9) Air Canada is to pay fifty per cent and ACPA is to pay fifty per cent of the net compensation and profit sharing/bonus and the interest payable.

In other words is it not the case that their entire status as employees is returned to the condition that would have existed had they not been unlawfully forced into retirement in the first place??

That is noted under Seniority:

D. Conclusion on Seniority
[158] It is well established in human rights jurisprudence that the purpose of awarding a remedy is to make whole the victim of the discrimination in the appropriate circumstances.

As in section 7, is it not the case that the pension woud be 'unwound' as noted in the notes that you can see online from the original remedy hearings, the pension received while awaiting reinstatement would be repaid to the pension plan. If it is to be repaid to the plan, are AC and ACPA liable for that, because the Order seems to read that V-K are operating under the contract the same as any other employee, not per the MOA that was issued contrary to the laws of the ACT.

In other words, the damages to the Complainants being net of the pension received only addresses the Complainants but it is the Respondents, AC and ACPA who will also have to bring the pension adjustments back to zero in addition to the damages??