Brick Head wrote:
If we have a frame work in place to determine the normal age of retirement, which you and I agree on, why would there be a need for further hearings centered on that issue since it is clarified?
What is it that the a CHRT needs to hear wrt to the other 44? The normal age of retirement (based on the framework/guidance) is either 60+ or it is not. Right?
Unless those challenges are bases on another question that needs clarification, why would the CHRT hear more cases asking the exact same question they already answered? My understanding is that the other cases are all centered on "normal age of retirement" as well.
The CHRT does not hear cases they believe have already been answered.
Unless forced to by an appeals court, why would a CHRT hear this again?
I don't follow.
There is no framework in place. All that was decided was whether or not Vilven and Kelly (and anyone else who retired 2003-2005) had their human rights discriminated because they were forced to retire at 60.
The answer was no, Vilven and Kelly did not have their rights discriminated because when they retired (2003-2005) because the CHRT decided that 60 was the normal retirement age for Air Canada pilots. END OF STORY.
Every month more Air Canada pilots retire BUT THERE IS NO FRAMEWORK in place for them. They must retire at 60. There is no formula, there is nothing. Only a contractual agreement that forces some pilots to retire against their will at age 60.
The other 44 who have filed cases must wait until Vilven/Kelly appeal is decided before their cases can be heard.
No questions have been answered and it will take further cases to decide what the new “Normal Age of Retirement” is for anyone who retired since ICAO, the USA, and many other countries have changed the retirement age to 65.
BUT, if Vilven and Kelly should win their appeal and the CHRT says that they erred in looking outside the country for comparators, or that all other pilots in Canada retire at 65 and so should Air Canada, then the new “normal retirement age" will be 65 at Air Canada.
Do you follow that?