Sukhvinder Dulay Quoted in Benefits Canada on B.C. Decision on Reduced Benefits for Older Workers
Benefits Canada quoted Hicks Morley’s Sukhvinder Dulay in a December 6, 2019 article titled “B.C. Tribunal Finds Reduced Benefits for Older Workers Not Age Discrimination.” The article discusses a recent decision by the British Columbia Human Rights Tribunal which dismissed a complaint from a Molson Coors Beverage Co. retiree who alleged the company’s employee benefits plan was discriminatory on the basis of age.
The ruling is a contrast to a May 2018 ruling on benefits age discrimination in Ontario. In Talos v. Grand Erie District School Board, the Human Rights Tribunal of Ontario ruled that the provision in the provincial human rights code that allowed employers to terminate benefits at age 65 was unconstitutional. When asked about the different decisions from both tribunals, Sukhvinder said “The difference in rulings is down to what each tribunal is able to review […] while the Human Rights Tribunal of Ontario can consider the constitutionality of such provisions, B.C.’s tribunal can’t.”
“The B.C. rule is quite different than Ontario in the sense that they have a statutory rule that the tribunal is not meant to examine Charter issues, which is exactly what the Ontario tribunal did,” she added. “While the decision of the Ontario tribunal does not have the effect of striking down the legislation at issue in Ontario, I think we will probably just continue to see these types of challenges. It will come up in all the jurisdictions, but the way they treat it will be based on what the law is in each jurisdiction.”