Monday, Feb 02, 2009
YUFA given green light to challenge mandatory retirement
Arbitrator Pamela Picher has held that faculty members forced to retire between December 2005, when amendments to the Human Rights Code were passed to abolish mandatory retirement, and December 2006, when the amendments finally came into effect, can challenge their forced retirements under section 54 of the Labour Relations Act.
Section 54 provides:
"54. Discrimination Prohibited - A collective agreement must not discriminate against any person if the discrimination is contrary to the Human Rights Code or the Canadian Charter of Rights and Freedoms."
The arbitrator held that section 54 of the prohibits all collective agreements in Ontario from discriminating against any person if the discrimination is contrary to either the Canadian Charter of Rights and Freedoms or the Human Rights Code, regardless of whether the employer is itself subject to the Charter.
Click here to find out more about this case.
