View cases - Stewart McKelvey

24(ii)Kelly[117] As to Kelly’s seniority, four years and four months elapsed between his retirement dateand September 1, 2009. As he was hired in September 1972, his carveout or “adjusted date ofhire” would be January 1977. His proxy seniority number as of September 1, 2009 would be 176.As such, he could hold the position of B777 Captain with the highest salary rate. Using the samemethod as used for Vilven, Air Canada calculated his net loss of income or compensation for theperiod to be $62,711.B. Scenario Two: Period of Compensation Limited to Two Years2010 CHRT 27 (CanLII)[118] In this alternative Scenario, Vilven and Kelly would only be compensated for two years oflost income, namely, the two years immediately following their date of retirement.[119] They would be reinstated effective April 1, 2010 and after reinstatement they wouldreceive wages and benefits as an active employee and continue to accrue pension benefits on thesame terms and conditions as before their retirement.(i)Kelly[120] In this Scenario, Air Canada calculated Kelly’s compensation for loss of income for theperiod to be $42,376. This amount is based on lost wages and bonus/profit sharing of $384,891;less income from other sources, $65,825; less reimbursement of pension paid, $258,683; lessemployee required pension contributions, $18,007.[121] This calculation was done on the basis of taking Kelly’s seniority and determining thepositions he could hold between May 1, 2005 and May 1, 2007. He was very high on the senioritylist, but because of the ICAO standards he could only fly internationally as a B777 FO fromMay 2005 until November 2006 and as a B777 Captain until May 1, 2010.