Harold James Marin

The complainant, aged 63, applied for a position as a production planner with the respondent company.

Despite being qualified for the position, he was not hired.

The complainant testified that he was told the company wanted a more junior person because he would only be around for two years.

The Board of Inquiry found the complainant's evidence credible and rejected the respondent's explanation that the complainant was unqualified or that the position was filled internally before his age was known.

The Board concluded that age was an operative factor in the decision not to hire, violating the Ontario Human Rights Code, and awarded $1,500 in general damages.