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Old 29th Jul 2011, 02:37
  #27 (permalink)  
cloudcity
 
Join Date: May 2010
Location: Barrie
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No EngineFireLeft, If AC chose to increase to 65 like some (not all) other airlines then they would have the management ability to do so. The point is there would be duress to do it, so currently they don't want it, hence comes the BFOR. Not all other airlines have increased to 65. Some are still at 55.

You’ve missed the entire point. In the VK case, as it will be in the Thwaites case, Age Discrimination is already prima facie proven and upheld by the Federal Court of Canada. The onus is then on AC to show BFOR and under the Guidelines as set forth by the Supreme Court they can’t do that and that trumps any Collective Agreement. When the dust settles you’ll see it in black and white. You can’t legally contract out of it, only in your dreams.
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