Good Morning 767-300ER:
What you will find with this subject it will attract a certain cadre that are highly strident in their writings. Of interest are some new posters who write in the certain style of an individual who will remain nameless who is banned from writings/postings on PPRuNe.
My friends in the I.T. world say it is possible for one who is banned from a web site can use another domain/url (?) to get by the gate keeper to continue their postings by using a different name.
I did find it humorous that one poster criticized a "retired" senior jurist who wrote the B.F.O.R. ruling for age yet he wants "contractually agreed" sorry I should use mandatory retirement repealed. Other postings have been critical of a Captain Duke who was testifying about the financial difficulty of accommodating the ruling in with a business model in his testimony.
[39] There is nothing in the record of the previous proceedings to suggest that the Tribunal, or the reviewing Judge, found that Captain Duke lacked credibility. Based on my review of his evidence, I am satisfied that he was a credible witness. Further, I find that his evidence is convincing and cogent.
[40] Captain Duke’s testimony has established, on a balance of probabilities, that elimination of mandatory retirement of pilots at age 60, either through a final determination of this case or through revision of the collective bargaining agreement, will carry with it a heavy burden to achieve full compliance with ICAO’s over/under rules.
[41] It is more likely than not that the scheduling of pilots over age 60 will become markedly less efficient and more costly as compared with the certainty that the company has experienced with mandatory retirement requirements which have been in place since 1957. I accept 14 Captain Duke’s succinct assessment of the over/under rule: “It is the conditionality of the restriction that causes the problems.”
[42] Captain Duke’s description of the workings of Air Canada Flight Operations reveals a practical and efficient balancing between the Marketing Department flight requirements and Flight Operation’s ability to assign pilots to them. He testified that the elimination of the mandatory retirement provision in the collective agreement, in combination with the restrictions of the over/under rule, will require the employment of more pilots at greater cost to ensure that all flights will be piloted in compliance with ICAO’s over/under rule.
[43] Based on Captain Duke’s testimony it is inconceivable that Air Canada and ACPA would, together, willingly embrace the inflexibility and cost of matching “one pilot over age 60 with one pilot under
Now the Meiorin test, if one reviews it you will find it is based on "discrimination of sex." If I have the dates right it goes back to 1999 where a female firefighter in the B.C. forest service was terminated because she was 45 seconds over a physical fitness test which was made for men. I find it ironic how a sex discrimination case is now being used for age discrimination. Guess that makes me a dinosaur…….
It seems the protagonists on the other web site "AvCanada" have taken it over here to continue their fight as people have lost interest by the below copied posting.
"I love reading posts by Rockie, Duranium, Lost in Saigon, Accumulous, Norwegianwood, Vic777....
You guys must love sitting around a circle and getting each other all excited about the legal intricacies of this debacle.
Let's do a little recall of the legal victories that have been touted around this issue....
V & K reinstated...well, they were for a short time....
damages for V & K, again, I hope they pocketed the interest on the award, 'cause I think they're going to be paying it back
Cease and desist order for mandatory retirement....nope
precedent for following cases...nope
pain and suffering damages...nope
wilful and reckless damages...nope
Wow, not a lot there..."
In closing I may use a quote taken from a posting from AvCanada by the greatest Englishman ever, Sir Winston Spencer Churchill to those rightly opposed to fly past 60.
“In war, resolution; in defeat, defiance; in victory, magnanimity
Last edited by a330pilotcanada; 2nd August 2011 at 14:15.
Reason: clarity