For Immediate Release
July 25, 2010
The Fly Past 60 Coalition is a group of over 150 pilots and former pilots of Air Canada who are engaged in proceedings before the Canadian Human Rights Tribunal against Air Canada and its pilot union, the Air Canada Pilots Association (ACPA), opposing the mandatory retirement provision of the collective agreement currently in force between Air Canada and ACPA. That provision currently forces each pilot to retire upon reaching the age of 60.
In August, 2009, the Tribunal found that the mandatory retirement provision of that collective agreement constituted a discriminatory practice, contrary to the provisions of the Canadian Human Rights Act. The Tribunal held hearings earlier this year to consider a number of remedies in respect of the violation of those individuals' rights. Although Air Canada and ACPA did not oppose the reinstatement of employment of the two pilots, the parties to the dispute did not agree upon a number of other factors, including the amount of monetary damages payable to the pilots. The Tribunal is expected to release its decision on those issues shortly. Additional hearings with respect to other pilots who have been forced to retire at age 60 are currently underway or pending before the Tribunal.
The Fly Past 60 Coalition learned late Friday afternoon that Air Canada and ACPA have recently entered into a Memorandum of Agreement (MOA) that purports to reinstate the employment of these two Coalition pilots in advance of the Tribunal's ruling. However, the MOA contains conditions that restrict their employment rights in comparison to the rights of pilots who have not yet acquired the age of 60. Restrictions include a denial of the choice of aircraft that they are entitled to fly (long-haul versus short-haul), benefits of pension accrual, and the right of access to the disability insurance program, among other things.
While we applaud Air Canada's decision to reinstate the employment of these two pilots prior to being ordered by the Tribunal to do so, from the information made available Friday, the Coalition believes that the MOA violates the spirit and intent of the Canadian Human Rights Act by purporting to simply substitute one discriminatory practice for another. The MOA, by treating these two pilots less favourably than their peers strictly by reason of their age, essentially creates a new class of employees at Air Canada --a class of employees whose rights and working conditions are restricted and penalized for having reached the arbitrary age of 60.
The Coalition calls upon Air Canada and ACPA to immediately cease and desist from discriminating against all pilots on the basis of age and to accord these two pilots all rights and privileges that are available to the pilots of Air Canada who have not yet reached age 60.
For more information, please contact:
Fly Past 60 Coordinator: Raymond Hall
Telephone: 204-897-9000
Fax: 204-885-9205
Email: raymond@flypast60.com
