With more and more Canadians working well past the “traditional” retirement age, benefit entitlements have become more of a concern for both employees and employers. On November 26, 2013, the Human Rights Tribunal of Ontario released an Interim Decision in Talos v Grand Erie District School Board allowing a constitutional challenge to section 25(2.1) of the Human Rights Code to proceed through the hearing process. (In PDF)
Regardless of how an employer perceives an employee, when it comes to disabilities—or medical conditions that might qualify as disabilities—the employer must avoid making assumptions about how the employee will perform in the future.
The Supreme Court recently decided this issue in Waterman v. IBM, finding that pension benefits received during the notice period were not deductible from damages paid to an employee for dismissal without cause. (In PDF)