Nedelec et al v. Air Canada and Air Canada Pilots Association

Nedelec et al v. Air Canada and Air Canada Pilots Association

The Tribunal accepts the respondents' CCAR and TCCA Type Designator evidence and applies the Vilven FC conjunctive approach: aircraft "type" is determined by TCCA type designator and "size" by seating capacity; based on that application the Tribunal accepts the respondents' list of airlines as meeting the varying size and varying type factors and moves those airlines forward for determination on the remaining Vilven FC factors.

Citation
2022 CHRT 40
Parties
Complainants: Nedelec et al; Complainant: Eric William Rogers; Complainant: Robert McBride; Complainant: John Pinheiro; Complainant: Patricia Clark (on behalf of the estate of William Clark); Complainant: Stephen Collier; Commission: Canadian Human Rights Commission; Respondent: Air Canada; Respondent: Air Canada Pilots Association
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 December 2022
Procedural Posture
Human Rights Age Discrimination / Ruling on Preliminary Issues (identification of Comparator Airlines)
Outcome
Partially granted: respondents' characterization of varying size and type accepted; specified airlines advance to next stage; case management conference ordered to determine remaining factors and next steps.
Legal Topics
Age Discrimination, Mandatory Retirement, Comparator Group, Bona Fide Occupational Requirement, Accommodation, Tribunal Procedure
Source Language
English
Employment Law Human Rights Law Administrative Law Age Discrimination Mandatory Retirement Comparator Group Bona Fide Occupational Requirement Accommodation +1 more

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Parties

Nedelec et al

Complainants

Eric William Rogers

Complainant

Robert McBride

Complainant

John Pinheiro

Complainant

Patricia Clark (on behalf of the estate of William Clark)

Complainant

Stephen Collier

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Air Canada Pilots Association

Respondent

Procedural Posture

Human Rights Age Discrimination / Ruling on Preliminary Issues (identification of Comparator Airlines)

Legal Issues

  1. 1 What factors identify airlines employing pilots in positions similar to the complainants?
  2. 2 Which airlines meet the Vilven FC Factors (varying size and varying type) for Jan 1, 2010 to Feb 28, 2012?
  3. 3 What is the normal age of retirement at comparator airlines for 2010-2012 (to be determined later)

Ratio Decidendi

The Tribunal accepts the respondents' CCAR and TCCA Type Designator evidence and applies the Vilven FC conjunctive approach: aircraft "type" is determined by TCCA type designator and "size" by seating capacity; based on that application the Tribunal accepts the respondents' list of airlines as meeting the varying size and varying type factors and moves those airlines forward for determination on the remaining Vilven FC factors.

Court Disposition

Partially granted: respondents' characterization of varying size and type accepted; specified airlines advance to next stage; case management conference ordered to determine remaining factors and next steps.

Orders

  • The following airlines meet the "varying size" and "varying type" criteria for the relevant period and move forward for determination with respect to the remaining Vilven FC factors: Air Creebec; Air Inuit; Air North; Air Tindi; Buffalo Airways; Calm Air; Canadian North; Central Mountain Air (from 2011-09-29 only);...
  • The Tribunal will convene a case management conference call with the parties to address the remaining Vilven FC criteria (transporting passengers, crossing domestic and foreign airspace, flying to domestic and foreign destinations) and to consider the quantum of pilots in the comparator group.