Benefits Canada – Did human rights tribunal get it right in decision on ending benefits at 65?

The Ontario Human Rights Tribunal’s recent ruling that it’s unconstitutional for plan sponsors to discontinue benefits for employees after the age of 65 represents a fundamental shift for employers, according to one labour and employment lawyer.

“Previously, the Human Rights Tribunal would not enforce any discrimination issues if employers were to cut off benefits at the age of 65 for employees,” says Chantel Goldsmith, a partner at Samfiru Tumarkin LLP.

“But now, with this decision, everything has essentially flipped, and if employers cancel benefits for employees after the age of 65, there is the chance that they could bring discrimination claims and that the Human Rights Tribunal would use that decision as a precedent going forward. Then they could be found to be discriminating against the employee because of their age.”

Read more of Chantel’s reaction in the Benefits Canada article.