3 total
Application alleging age discrimination for denial of post-65 benefits dismissed as exempt under the Code.
The applicant alleged age discrimination because the respondent denied him post-65 retirement benefits under a collective agreement note, as he was not yet 50 years old when the agreement was ratified.
The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.
The Tribunal found that the denial of post-65 benefits complies with the Employment Standards Act, 2000, and is therefore exempt from the Human Rights Code's prohibition on age discrimination under section 25(2.1).
The application was dismissed.
Request to dismiss human rights application under s. 45.1 denied as applicant was not a party to prior arbitrations.
The applicant filed a human rights application alleging age discrimination regarding his eligibility for post-65 retirement benefits under a collective agreement.
The respondent requested that the application be dismissed under s. 45.1 of the Human Rights Code, arguing that the substance of the application had been dealt with in prior grievance arbitrations, or alternatively, that it should be dismissed for res judicata, issue estoppel, or abuse of process.
The Tribunal denied the requests, finding that the applicant was not a party to the prior arbitrations and that the prior proceedings did not appropriately deal with the human rights issues.
However, the Tribunal scheduled a summary hearing to address whether the application had no reasonable prospect of success due to the s. 25(2.1) exemption for age-based benefit plans and whether the application was premature.
Two human rights applications alleging disability discrimination in employment consolidated to avoid multiplicity of proceedings.
The applicant filed two human rights applications alleging employment discrimination on the basis of disability against the Toronto Police Services Board and related respondents.
The applicant requested that the applications be consolidated.
The respondents did not oppose consolidation but raised an issue regarding disclosure of the applicant's medical files, which was subsequently resolved.
The Tribunal ordered the applications consolidated to avoid a multiplicity of proceedings, expense, and the risk of inconsistent results.
