age discrimination

Cutting of WSIB payments at age 65 not a Charter violation

Cutting of WSIB payments at age 65 not a Charter violation

A recent Ontario Divisional Court decision has confirmed that it is not a Charter violation to terminate Workplace Safety and Insurance Benefits after two years when an employee is age 63 or older at the time of the injury. This is another in a line of recent cases that illustrates that although mandatory retirement has been abolished, older workers are not necessarily entitled to the same suite o... »

Plans to retire may limit award for wrongful dismissal

Plans to retire may limit award for wrongful dismissal

  A series of recent court cases have confirmed that with the elimination of mandatory retirement, even people aged 65 or older may be entitled to significant damages for wrongful dismissal if they are fired. However, the decision of the Ontario Superior Court of Justice in Kimball v. Windsor Raceway illustrates that where an employee has indicated his intention to retire by a certain date an... »

Fired because of your age? Talk to a lawyer!

Fired because of your age? Talk to a lawyer!

  A recent blog by Toronto employment lawyer Doug MacLeod discussed a December 2012 case where the Ontario Human Rights Tribunal (OHRT) awarded a fired, 68-year old employee with 35 years of service $27,000 in damages for age discrimination. Raymond MacKinnon was self-represented and the employer Celtech Plastics LTD. did not respond to his OHRT application or participate in the hearing. MacL... »

Alberta senior age 72 gets her job back

Alberta senior age 72 gets her job back

      An Alberta Human Rights Tribunal found that a restructuring targeted an employee because of her age and unfairly denied her a job. An Alberta government employee, was rehired at age 72 and awarded back pay after a tribunal ruled she experienced age discrimination when her employment contract was not renewed. She was 67 years old at the time. In a December 2012 ruling, the Albe... »

Octogenarians get $1.16 million for wrongful dismissal

Octogenarians get $1.16 million for wrongful dismissal

    Two recent court decisions send a message that employees who work into their 70s and 80s may be entitled to damages if they’re fired without cause. Two recent decisions of the Ontario Superior Court send a clear message that employees who work into their 70s and even their 80s may be entitled to large damage awards if they are wrongfully dismissed. This applies regardless of whether ... »