Monday, January 16th, 2012
The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.
Read the rest of this post »Thursday, September 22nd, 2011
Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.
Read the rest of this post »Friday, August 26th, 2011
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.
Read the rest of this post »Tuesday, January 18th, 2011
Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on…age.”
Read the rest of this post »Wednesday, November 10th, 2010
The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.
Read the rest of this post »Friday, August 6th, 2010
Between November 22 and November 25, 2010, the Federal Court of Canada will hold hearings and then decide whether the mandatory retirement age of 60 years should stand for about 3,000 Air Canada pilots.
Read the rest of this post »Friday, March 19th, 2010
A brief analysis of Nilsson v. UPEI, one of the most recent cases on mandatory retirement and human rights discrimination based on age.
Read the rest of this post »Monday, February 8th, 2010
Across Canada, mandatory retirement has been all but completely phased out. Recently, all Canadian jurisdictions in Canada, except for federally regulated workplaces, have enacted legislation to amend their human rights laws and end the practice of mandatory retirement at age 65. This means…
Read the rest of this post »
Leslie D Foreman:Andrew Taillon:
Copyright © 2012 - First Reference | Entries (RSS) | Comments (RSS) | Twitter | Facebook
WordPress theme designed by 
web design
