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mandatory retirement practice

By Christina Catenacci, BA, LLB, LLM, PhD | 6 Minutes Read September 3, 2019

Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Employment Standards, Human Rights / accommodation, age discrimination, ageism, Air Canada, Air Canada pilots, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination based on age, employment law, mandatory retirement age, mandatory retirement practice, normal age of retirement, Pilot's Association, Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read August 24, 2012

Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights, Union Relations / bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read August 7, 2012

Air Canada’s mandatory retirement practice upheld

A recent decision by the Federal Court of Appeal has upheld the mandatory retirement practice for Air Canada pilots. This decision overturns earlier findings by the Federal Court of Canada and the Canadian Human Rights Tribunal that contractual provisions forcing Air Canada pilots to retire at 60 violated the Canadian Charter of Rights and Freedom.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights / age, age discrimination, age-based discrimination, Canadian Charter of Rights and Freedom, Canadian Human Rights Act, discrimination, employment law, federal court of appeal, Labour Law, landmark 1990 Supreme Court of Canada decision, mandatory retirement, mandatory retirement practice, McKinney, pilots, retirement

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