Air Canada pilot who was forced to retire at age 60 not satisfied with terms of reinstatement
I wrote about the Vilven mandatory retirement case in an August 2009 entry and a September 2009 entry.
Briefly, Mr. Vilven is a pilot with Air Canada who, along with another pilot, was forced to retire at age 60. The pilots responded by filing a complaint with the Canadian Human Rights Tribunal ("CHRT"). The CHRT allowed their complaint in a ruling that calls into question whether it is still permissible for any federally regulated organization to have a mandatory retirement policy. The Air Canada Pilots Association, the pilots' union which supports age 60 mandatory retirement, subsequently filed a judicial review application of the CHRT's ruling.
There was a very short article in today's Globe and Mail newspaper ("Senior Air Canada pilots allege age discrimination") updating this story. According to the article:
- Air Canada and the Air Canada Pilots Association have entered into a Memorandum of Agreement ("MOA") which would see Mr. Vilven and the other pilot reinstated.
- Mr. Vilven finds the MOA unsatisfactory, as he says it would result in him having reduced benefits and less appealing assignments (for example, domestic flights instead of international flights).
More information about the MOA, and the situation generally, can be found on the Fly Past 60 Coalition's website. Of particular note from the website:
- At least 140 Air Canada pilots have now filed complaints with the Canadian Human Rights Commission in respect of their age-based forced retirement.
- The coalition is anticpating that the remedy decision in the Vilven case will soon be issued by the CHRT.