Category: Human Rights
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Ontario Public Service Employees Union v. Ontario (Government & Consumer Services), 2021 CanLII 19542 – Requiring Disabled Employees to Retire or Pay Pension Contributions Violates Code & Charter
During the last round of collective bargaining, a provision was added to the collective agreement between OPSEU and the Ontario government that would require OPSEU Pension Plan (Plan) members in receipt of or eligible for Long Term Income Protection (LTIP) to take certain actions with respect to their Plan entitlements . . .
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Toronto Hydro-electric System Limited v. Power Workers’ Union, 2020 CanLII 103922 – Deadline for Opting into Post-Retirement Benefits Not Age Discrimination
In 2000, Toronto Hydro announced that post-retirement benefit coverage would be reduced for employees retiring after December 31, 2010. In particular, only employees hired before July 1, 2000, with 25+ years’ service, at least 50 years old, and retiring with a pension on or before December 31, 2010 would be entitled to 100% reimbursement for medical and dental benefits. Toronto Hydro and the union subsequently agreed to extend the deadline to December 31, 2020 . . .
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Fraser v. Canada (Attorney General) 2020 SCC 28 – RCMP Pension Plan Design Discriminates Against Job-Sharing Women
Fraser, Pilgrim and Fox (the Appellants) are mothers and former members of the RCMP. While employed by the RCMP, the Appellants participated in the RCMP’s job sharing program, which permitted them to work reduced hours. The Appellants’ pension benefits for their job-sharing periods were calculated in the same manner as pension benefits were calculated for RCMP members who worked part-time hours. Thus, they were entitled to reduced pensionable service and, accordingly, a lower pension benefit on retirement. Unlike RCMP members who take a leave of absence without pay, the Appellants did not have the option of buying . . .
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Bentley v. Air Canada and Air Canada Pilots Association, 2019 CHRT 37 – Termination of Pension Eligible Pilot’s LTD Benefits Not Discriminatory
Bentley, a pilot employed by Air Canada, was entitled to retire with an unreduced pension, as he was 60 years old and had 25 years of service. On reaching this milestone, Bentley realized that, per the collective agreement, he was no longer entitled to long-term disability (LTD) benefits. The collective agreement provides that a pilot's LTD benefits may be terminated when the pilot becomes eligible for an unreduced pension . . .
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Barker v. Molson Coors Breweries and another (No. 3), 2019 BCHRT 192 – Age Discrimination Exemption Applies to Bona Fide Plans
Barker, an employee of Molson, complained that he was denied certain health and welfare benefits and/or provided inferior benefits, because he was over 65 years of age. The benefits were governed by a letter of understanding (LOU), which provided that employees who worked past age 65 would receive “only the insured welfare benefits provided to employees on retirement as at his normal retirement date . . .
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Federal Passes Bill C-86 Budget Bill re CPP, EI & Employment Amendments
The federal government passed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, on December 13, 2018 . . .
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Fraser v. Canada (Attorney General), 2018 FCA 223 – Reduced Pension for Job Sharing Employees Not Contrary to Charter
Fraser, Pilgrim and Fox (the Appellants) are former members of the RCMP and mothers who took advantage of the RCMP’s job sharing policy to work reduced hours. The Appellants’ pension benefits for their job-sharing periods were based on the hours they regularly worked, and calculated in the same manner as pension benefits are calculated for RCMP members who work part-time hours . . .
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Rivard v. Essex (County), 2018 HRTO 1535 – Human Rights Complaint re Denial of Medical Cannabis Coverage Dismissed
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Federal Bill C-86 Budget Bill re CPP, EI & Employment Amendments
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Ontario Bill 40 re Human Rights – Genetic Characteristics
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