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HRTO: Terminating Benefit Plans for Employees 65 and Over is Unconstitutional
Employment Law

HRTO: Terminating Benefit Plans for Employees 65 and Over is Unconstitutional

By September 1, 2018 June 20th, 2019 No Comments

In a very recent decision, the Ontario Human Rights Tribunal ("HRTO") ruled that it was unconstitutional for an employer to terminate the benefit plans of an employee who turned 65.

Talos v Grand Erie District School Board involved an employee whose extended health, dental and life insurance benefits were terminated by his employer, Grand Erie District School Board, when he turned age 65, although he continued to work on a full-time basis. After the termination of his benefit plans, Mr. Talos brought an application alleging discrimination on the basis of age. The issue was whether the exception contained in s. 25(2.1) of the Human Rights Code permitting the termination of employee benefits at age 65 violated Mr. Talos’ equality rights under the Canadian Charter of Rights and Freedoms. The HRTO held that s. 25(2.1) of the Code violated the Charter and was unconstitutional.

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