Flatface
Yes, you are correct, it did dismiss the mandatory retirement, well sorta.....
The JR will probably overturn it, because of numerous legal errors.
Read the entire ruling, pay close attention to the "pilots working in similar positions"
The CHRT, (Sinclair) for some unknown reason, took out West Jet, AirTransAt, and Skyservice in the already approved Federal Court list. Can't Do that.
The CHRT, (Sinclair) also ruled on the Charter issue, that was NOT supposed to be legally included in the ruling. Can't do that.
The CHRT (Sinclair), did rule properly, that the BFOR shield, that AC and acpa have been hiding behind for years, is NOT available to them, and the BFOR issue is now dead. So, the ONLY issue AC and acpa can use, is to say that AC employs more pilots in Canada than anyone else, and that they can set the "normal age of retirement". They can not do that, as they are the biggest employer, BUT they do not employ the most pilots is Canada, so they can not set the "normal age of retirement" legally. Period.
ALL the rest of the airlines in Canada, regardless of size, aircraft type, destinations, etc, do NOT force their pilots to retire at 60. That is 100% of the other airlines in Canada. So, AC is the only one, hardly the "normal age of retirement" is it?
The CHRT, (Sinclair) took out West Jet, etc, so that the "normal age of retirement" numbers would work in AC and acpa's favor, however, the previous Federal Court JR set the conditions, definitions, and other critera, and the Federal Court is BINDING on the CHRT, period. So the CHRT (Sinclair) can not do that.
Amazing to think that Air Tindi, is a comparator airline, but West Jet, AirTransAt, Skyservice are not. Does that make sense to you?
Hope this sheds some light on your posting. The big issue, is the BFOR issue, and AC and acpa lost it totally! The Meiorin Test, (go to
www.flypast60.com) website, and look at the BFOR flow chart, and you will quickly see how AC and acpa can not use the BFOR issue, just as CHRT Sinclair ruled in this award. (August).
Judge Criag (July award) ruled incorrectly on the BFOR issue on the V/K case, and his award will go to JR also. What do you think are his chances?
This entire issue, has become a joke in the legal sense, and it will go the entire distance from both sides of the fence.
Other POV's are on
www.AVCANADA.CA both pro and con.