Jun 2018 Charity & NFP Law Update
On May 18, 2018, the Human Rights Tribunal of Ontario (“HRTO”) released its interim decision in Talos v Grand Erie District School Board, in which the HRTO ruled that subsection 25(2.1) of the Ontario Human Rights Code (“Code”) was unconstitutional, as being contrary to the equality rights protections included in the Canadian Charter of Rights and Freedoms (“Charter”). Subsection 25(2.1) of the Code, in conjunction with the Employment Standards Act, 2000 (“ESA”), and its regulations, allows employers the discretion to terminate benefits for workers age 65 and older. It should be noted that this decision is not a general declaration of constitutional invalidity, as the jurisdiction of the HRTO, as decided in earlier case law, does not permit the HRTO to issue such declarations. However, the HRTO can refrain from applying the impugned section of the Code if, in its view, the section offends the Charter. Nonetheless, this decision is important insofar as it serves as an indication of the HRTO’s stance towards the reduction of employee benefits for employees over the age of 65.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 424.