Mandatory retirement for pilots quashed

Tribunal changes its tune on retirement requirements for Air Canada pilots after court orders reconsideration
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/21/2009

A collective agreement between Air Canada and its pilots requiring retirement at the age of 60 is discriminatory, the Canadian Human Rights Tribunal has ruled. The decision marks a change in approach for the tribunal after the Federal Court asked it to reconsider its 2007 dismissal of the complaints of two pilots forced to retire under the policy.

Two Air Canada pilots, George Vilven and Robert Kelly, were terminated in 2003 and 2005, respectively. Both terminations were within days of the men turning 60 and were in accordance with the mandatory retirement age provisions of the pilots’ pension plan, which is part of the collective agreement.