View cases - Stewart McKelvey

5approximately two weeks, the flight simulator course, two weeks and a regular flight with a linecaptain. To get a course date could take two to three months to at the most.IV. Pension Remedy[18] In respect of the pension remedy, the complainants ask that, upon reinstatement, theyreceive the wages and benefits of an active employee including continual accrual of pensionbenefits on the same terms and conditions as before their retirement. This is the position putforward by Air Canada in its evidence subject to “unwinding” the previous pension transactions.2010 CHRT 27 (CanLII)[19] Unwinding involves the complainants repaying the monthly pension payments receivedfrom the start date of their compensation for lost wages to their reinstatement date and remittingthe required pension contributions for that period.[20] ACPA’s initial view was that an order for continued accrual past age 60 would be contraryto the provisions of the pension plan and beyond the Tribunal’s jurisdiction. However, havingagreed to a cease order relating to s.5.1 of the pension plan in favour of the complainants, ACPAno longer maintains this objection.V. Compensation for Lost Income and Position on the Seniority List[21] The complainants claim that the compensation period should be the period from the dateof their respective retirements to the date of their reinstatement to employment with Air Canada.They claim to be compensated for the income, including bonus and profit-sharing, that theywould have earned had they continued in their employment, less any mitigation income andpension payments received in the compensation period.