Skip to content

Brought to you by

Dentons logo

Employment & Labour Law

Making the law work for your workplace.

open menu close menu

Employment & Labour Law

  • Home
  • About Us

Ontario Human Rights Tribunal Rules That It Is Discriminatory To Deny Group Benefits To Employees Aged 65 and Older

By Anneli LeGault
May 25, 2018
  • Human Rights
Share on Facebook Share on Twitter Share via email Share on LinkedIn

We have reported before on the case of Wayne Talos and the Grand Erie District School Board. Mr. Talos was a teacher who chose to continue working past the age of 65, but was denied further benefit coverage due to his age.

Following a lengthy hearing, the Human Rights Tribunal ruled this month that the provision of the Ontario Human Rights Code which permits employers to cease benefit coverage at age 65 is unconstitutional because it violates the equality rights in the Canadian Charter of Rights and Freedoms.

During the hearing the Tribunal heard from various economists, actuaries and other expert witnesses on the sustainability of benefit plans if health, dental and life insurance benefits are to be extended to employees aged 65 and older. The Tribunal concluded that it is not “cost-prohibitive” to continue benefits. In other words, the Tribunal ruled that it is financially sustainable to include employees aged 65 and older in plans that provide health care, dental and modified life insurance benefits.

It remains to be seen whether the decision will be appealed. The Attorney General of Ontario had intervened in the case and submitted that the increased cost of providing benefits to older workers will either significantly increase the cost of benefits or, alternatively, will result in a significant reduction in overall benefits provided to all employees.

A remedy was not ordered by the Tribunal. Instead, the Tribunal ordered the parties to either engage in mediation or to return for a hearing on the remedial order.

The Tribunal assumed that 5 to10% of the School Board’s workforce is 65 or over when calculating the significance of the increased costs. One wonders whether more employees over age 65 will choose to work if benefits are now available, thereby further increasing the benefit costs.

We will update you with further information about this significant decision.

Wayne (Steve) Talos v. Grand Erie District School Board, 2018 HRTO 680

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
English, Ontario
Anneli LeGault

About Anneli LeGault

Anneli LeGault practises employment and labour law from Dentons’ Toronto office. Her practice focuses on human resources policy issues, including employment agreements, human rights, pay equity, employment equity, reorganizations, outsourcing, secondments and terms and conditions of employment.

All posts Full bio

RELATED POSTS

  • Human Rights

“Oh, what a tangled web we weave when first we practice to deceive.”

Employer avoids liability for harassing texts sent by rogue employee In an interesting decision, the Human Rights Tribunal of Ontario […]

By Andy Pushalik
  • Employment Standards
  • Human Rights
  • Pay Equity

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

By Catherine Coulter
  • Human Rights

Human Rights Tribunal Has No Jurisdiction to Hear Equity Partner’s Human Rights Complaint in British Columbia

 The British Columbia Court of Appeal has unanimously held that the British Columbia Human Rights Tribunal did not have jurisdiction […]

By Matthew Curtis

About Dentons

Dentons is the world’s largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons’ polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work. www.dentons.com.

Dentons digital

Twitter

Categories

  • Amendments to Safety Laws
  • Confidentiality/Trade Secrets
  • Constructive Dismissal
  • COVID-19
  • Criminal Offences by Employees
  • Employment Standards
  • Executive Compensation
  • General
  • Human Rights
  • Immigration
  • Labour
  • Occupational Health and Safety
  • Pay Equity
  • Pensions and Benefits
  • Privacy
  • Restrictive Covenants
  • Union Issues
  • Workers' Compensation
  • Wrongful Dismissal
  • WSIB

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2021 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site