What is Ahead for Employees After Mandatory Retirement Abolished...

Mandatory Retirement at the Federal level has come to an end on paper

It is to be seen how the Employers will implement this change, what hurdles the employees would end up facing.


The purpose of the Canadian Human Rights Act (CHRA) is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted.

R.S., 1985, c. H-6, s. 2; 1996, c. 14, s. 1; 1998, c. 9, s. 9.


Section 7 of the CHRA states:

"It is a discriminatory practice, directly or indirectly, (a) to refuse to employ or continue to employ any individual, or (b) in the course of employment, to differentiate adversely in relation to an employee, on a prohibited ground of discrimination."


Section 3.(1) of the CHRA states:

"For all purposes of this Act, race, national or ethnic origin, colour, religion, age, sex, marital status,family status, disability and onviction for which a pardon has been granted are prohibited grounds of discrimination."

The Canadian Human Rights Commission is an independent body established by Parliament in 1977.  It carries out its mandate at arms-length from the Government of Canada.

 

The Canadian Human Rights Commission administers the Canadian Human Rights Act and is responsible for ensuring compliance with the Employment Equity Act. Both laws ensure that the principles of equal opportunity and non-discrimination are followed in all areas of federal jurisdiction.

 

The Canadian Human Rights Commission and the Canadian Human Rights Tribunal are separate and independent entities.

 

THE SYSTEM EXISTS but then the process is time-consuming.

 

- It takes over a month from a call to the Intake department of CHRC to speak to an officer who sends out the Intake Kit to enable a complainant to file a complaint.

 

- It takes another couple of months before one receives an acknowledgement and somebody is appointed to handle the complaint.

 

- The next step is the Assessor's Report which can take six months to one year or more.
The report contains recommendations. The Report is sent to the concerned parties.

 

- Then the parties may go ahead and send their submissions, which are forwarded to the other parties for further comments.

 

- The Commission, based on the investigator's report and submissons received from the parties, reviews these documents.

 

- The Commission then makes a decision on the disposition of the case.

 

- The Commission can accept or reject the recommendation in the Assessor's Report.

 

- The Commission conveys its decision to the parties.

 

- Any of the parties can appeal the Commission's decision.

 

- If the Commission decides to refer the complaint to the Canadian Human Rights Tribunal, it can take upto a year for the Tribunal to hear the complaint and then additional time to make a decision.

 

WHAT HAPPENS IN THE INTERIM TO THE COMPLAINANT especially if  he / she has limited means as against the employer with UNLIMITED means and legal team to fight against the complainant?

 

We welcome your views on this based on your experience and / or that of others you may know about. The identity will be kept confidential for the sake of privacy.