By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

THE Court of Appeal has dismissed an appeal by Captain Joseph Moxey challenging his retirement from Bahamasair at the age of 60, upholding a Supreme Court decision.

The judgment was delivered by Justice Charles JA, with Justices Crane-Scott JA and Hilton JA (Ag) concurring.

Captain Moxey argued that the 2018 Bahamasair–Bahamas Airline Pilots Association (BAPA) Industrial Agreement changed the retirement age to 65. The court found the agreement legally ineffective because it was not registered under the Industrial Relations Act.

“The evidence is clear that for over 20 years every pilot employed by Bahamasair has been retired at 60. This practice was known to all, was contained in the Flight Operations Manual, and formed part of the contractual terms of employment. The appellant cannot now be heard to say that he expected to continue in employment until 65,” Justice Charles said.

“The 2018 industrial agreement was never registered as required by the Industrial Relations Act. As such, the unregistered agreement had no legal effect and could not be incorporated into the appellant’s individual contract,” the judgment said.

The appellant also cited aviation regulations referencing the age of 65. The court rejected this, clarifying the regulatory language:

“The word ‘shall’ in the regulation is a mandatory prohibition after 65, not a mandatory entitlement to remain employed until 65. The regulation prevents employment beyond 65 but does not compel it until that point,” Justice Charles said.

The court concluded that the retirement at 60 did not constitute age discrimination and was consistent with Bahamasair’s established policy.

“Where a fixed retirement age has been established as a contractual term, it cannot amount to unlawful discrimination. The appellant’s retirement at 60 was consistent with Bahamasair’s contractual practice and cannot be impugned,” the judgment read.

The court also ruled that BAPA was improperly joined in the proceedings.

“The inclusion of BAPA was misconceived. The union was not party to the appellant’s individual contract of employment. No claim could properly lie against the union in this case,” Justice Charles said.

The appeal was dismissed in its entirety, and costs were awarded to Bahamasair and BAPA, certified fit for two counsel and to be taxed if not agreed.