View cases - Stewart McKelvey

35for flying at the next opportunity for monthly bidding and placed on the pilotposition list;4) Upon reinstatement, Vilven is to hold seniority number 751 and Kelly, senioritynumber 5 on the pilots’ seniority list;5) Upon reinstatement, the complainants are to receive the wages and benefits of anactive employee including continual accrual of pension benefits on the same termsand conditions as before their retirement;2010 CHRT 27 (CanLII)6) The complainants are to be compensated by the respondents for lost income for theperiod from September 1, 2009 to the date of their reinstatement as activeemployees. The compensation is to be calculated on the basis of the monthly salaryfor the position of 81 hours of flying per month, averaged at half-day, half-nightrates of pay, plus overseas premium pay for 71 hours. The compensation shallinclude any profit sharing/bonus paid in that period. Vilven shall be compensatedat the salary rate of an A340 FO and Kelly at the salary rate of a B777 Captain untilApril 30, 2010 and thereafter at the salary rate of a B777 FO.7) The compensation for lost wages shall be net of the amounts of the pension paid tothe complainants from September 1, 2009 to the date of their reinstatement.8) The respondents are to pay interest on the net amount of the compensation fromSeptember 1, 2009 until the compensation is paid. The amount of the interest shallbe calculated on the basis set out by Ms. Leslie in her expert report (Exhibit AC-13,as am. by AC-13A) and as agreed with by the complainants.