The Supreme Court of Canada released a highly-anticipated decision for professional partnerships, employers and employees today in McCormick v Fasken Martineau DuMoulin LLP. We commented previously on the facts of the case and the history of proceedings to the British Columbia Court of Appeal here.
In short, McCormick, a partner at a large law firm, claimed that the mandatory retirement provision in the partnership agreement was discriminatory and contravened the Human Rights Code. The case was eventually heard by the British Columbia Court of Appeal, which concluded that McCormick could not be both a partner and an … Continue Reading
If you are going to lay off older workers while hiring younger ones in the same category, you better have a good explanation. That’s essentially what the BC Human Rights Tribunal said in Price and Top Line Roofing Ltd., 2013 BCHRT 306. The Complainant, Paul Price, was a journeyman working for the Respondent Top Line. He was one of the two oldest journeymen employed at Top Line. Both were laid off in July, 2012. A few months before this, however, Top Line had hired a journeyman in his 40s and two young journeymen apprentices.
Top Line said Price was … Continue Reading
The BC Human Rights Tribunal has decided to hear a complaint from an on-call firefighter in Chilliwack about his forced retirement at age 60 (news reports claim Mr. Shellard is now 63 years old).
The case is significant for at least two reasons. First, it is a challenge to mandatory retirement in a job that is generally recognized to have extreme physical demands. Second, the BCHRT refused to be bound by findings of the Ontario Human Rights Tribunal in similar cases.
The decision in Shellard v. The City of Chilliwack recognized the demands on firefighters, the research showing that firefighters … Continue Reading