Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.
Age is one of the protected grounds under Ontario’s Human Rights Code. Like all jurisdictions credible evidence, whether documentary or witness testimony, is needed for either side to support their version of facts.
In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.