2 total
Application dismissed; age-based differentiation in pension plan early retirement dates is exempt from the Code.
The applicant alleged age discrimination after her deferred pension value was significantly reduced by a funding improvement plan because she was under 50 years old when her employment ended.
The Tribunal found it lacked jurisdiction to hear the application.
The differential treatment based on age in establishing early retirement dates is specifically permitted by the Employment Standards Act and its regulations, and is therefore exempt from the Human Rights Code.
Tribunal declined to order separate notice to former pension plan members where union represented all members.
The applicant requested a hearing regarding the constitution of a pension plan's advisory committee.
A pre-hearing motion was held to determine whether separate notice of the jurisdictional hearing needed to be provided to former members of the plan.
The Tribunal found that the union's acknowledgement of its fiduciary duty to represent all members, including former members, was sufficient.
The Tribunal declined to order additional notice to former members.
