View cases - Stewart McKelvey

34F. Conclusion on Previous Financial Advantage[172] There are problems with this claim. Even assuming that there has been a financialadvantage, the basis for quantifying the amount is very weak. It is impressionistic rather thanfactual. Further, if the discount is to be less than 100 per cent, what should it be. In the absence ofany formula from the respondents, it is not for the Tribunal to guess.[173] Finally, in my view, the respondents are more than overreaching by asking for thisdiscount. By seeking to apply Hyslop, the respondents have in effect reduced the complainants’compensation by approximately six years and four years respectively, considerably more than thetwo years suggested by Ms. Leslie. Their request for a further reduction is rejected.2010 CHRT 27 (CanLII)X. Order[174] The Tribunal orders as follows:1) The respondents are to cease applying to the complainants, s.5.1 of the Air CanadaPilots Pension Plan and the corresponding provisions of the collective agreementPlan;2) The complainants are to be reinstated to employment as pilots with Air Canada asof the date of this decision on condition that they have a valid pilot licence, a validmedical certificate showing that they are fit to fly a commercial aircraft under theapplicable Transport Canada medical standards and a current instrument flightrating;3) Upon reinstatement, the complainants shall be enrolled in the next availabletraining course for the equipment that they are entitled to fly according to theirseniority. Upon the successful completion of their training, they shall be scheduled