In Captain Joseph Moxey v Bahamasair Holdings Limited and Bahamas Airline Pilots Association SCCivApp No. 185 of 2024, the Court of Appeal upheld the decision of the Trial Judge, Madam Justice Deborah Fraser, in finding the contractual retirement age for pilots at Bahamasair. The Court rejected the arguments by the Appellant, Captain Joseph Moxey, that the retirement age was changed by the provisions of the Civil Aviation Act and Regulation LIC.
The Court of Appeal’s decision was delivered by Madam Charles JA:
50. The reasoning in Symonett accords with and reinforces the learned Judge’s conclusions in the present matter. As in Symonett, the Industrial Agreement in force at the relevant time expressly fixed the normal retirement age at sixty (60) years and contained no clause that this age was to vary with amendments to the Civil Aviation framework or international conventions.
51. In my judgment, the Appellant’s reliance on the CAA and CAR LIC Regulation LIC.070 as having the effect of overriding the contractual retirement age is misconceived. As Symonett makes clear, statutory or regulatory changes, do not, without more, operate to amend express contractual terms. Any desire to revise the retirement age in light of regulatory changes was a matter of future negotiation, not for judicial imposition.
52. As I see it, the learned Judge was entitled to accept the evidence of the Respondent’s witnesses regarding that established practice as well as the plethora of documentary evidence (2005-2009 Industrial Agreement, the 2013-2017 Industrial Agreement and the FOM) placed before her and to conclude that the Appellant’s employment lawfully came to an end in accordance with its terms.
The Court also affirmed the decision in Hutchinson Lucaya Limited v Commonwealth Union of Hotel Services and Allied Workers et al SCCivApp No. 61 of 2014 in which Allen JA explained the legal consequences of expired or unregistered collective agreements. The Court stated that the “2018 Agreement’s non-registration made it ineffective as an industrial agreement. The Appellant has not shown that Articles 26.1 or 33.1 were incorporated into his individual contract. The Judge applied the correct principles and properly relied on the authorities, including Hutchinson Lucaya“.
SCCivApp. No. 185 of 2024 – Captain Joseph J. Moxey v. Bahamasair Holdings Limited and anor.
