The applicant, a retired teacher, alleged that the pensioner re-employment provisions of the Ontario Teachers' Pension Plan discriminated against him on the basis of age.
The provisions limited the number of days retired teachers could work as occasional teachers without affecting their pension benefits.
The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.
Following its previous decision in Clarke, the Tribunal concluded that any differential treatment was based on employment status (being a pensioner), not age, and that employment status is not a protected ground under the Code.