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Prince Edward Island

Mandatory retirement decision will cost UPEI in excess of $1 million to implement

Jurisdiction: - Prince Edward Island
Sector: - Education

In October 2009, I wrote about the PEI Human Rights Commission hearing on mandatory retirement at the University of PEI. The complaint had been brought by three former faculty members at the university. The mandatory retirement policy in question forms part of the collective agreement between the university and the faculty association. 

I can now update this case, although it's a few months after the fact.

The university's VP Finance & Facilities, Gary Bradshaw, issued the following statement on the university's website on June 6, 2010:

Update on Mandatory Retirement: Message from VP Finance & Facilities  read more »

P.E.I. Human Rights Commission hearing on mandatory retirement at UPEI comes to close

Jurisdiction: - Prince Edward Island
Sector: - Education

A P.E.I. Human Rights Commission panel heard closing arguments yesterday on whether mandatory retirement at the University of Prince Edward Island is discriminatory, according to a CBC News report.

The complaint has been brought by three former faculty members at the university.

The mandatory retirement policy in question forms part of the collective agreement between the university and the faculty association. This March 2009 memo from the faculty association to its members provides background information about why the policy was included in the collective agremeent.

PEI has abolished mandatory retirement generally, but section 11 of the PEI Human Rights Act provides that:

The provisions of this Act relating to discrimination in relation to age or physical or intellectual disability do not affect the operation of any genuine retirement or pension plan or any genuine group or employee insurance plan.  read more »

Alberta's Minimum Wage to Increase on Apri 1, 2009

The Alberta government announced yesterday that the minimum wage in that province will increase to $8.80 effective April 1, 2009.

According to an article in the Globe and Mail, this will move Alberta into second place, at least temporarily, after Ontario.

Ontario's "General Minimum Wage" is currently $8.75, but it will increase to $9.50 effective March 31, 2009. One year later it will increase again to $10.25.

The article further notes that Alberta's minimum wage will soon be surpassed by Saskatchewan's (which increases to $9.25 on May 1, 2009), Quebec's (which increases to $9 on May 1, 2009) and Newfoundland's (which increases to $9 on July 1, 2009).

New Brunswick announced in Janaury 2009 that its minimum wage will increase from $7.75 to $8 effective April 15, 2009 and then to $8.25 on September 1, 2009

After that, British Columbia and PEI will be at the bottom at $8 an hour.

BC last increased its minimum wage on November 1, 2001.

Ontario Abolishes Mandatory Retirement and BC and Saskatchewan Appear to Follow Soon

Effective December 12, 2006, mandatory retirement will no longer be generally permissible in Ontario, (as a result of amendments to the Ontario Human Rights Code). Employers will, however, still be allowed to enforce mandatory retirement polices if they can show that being younger than 65 (or another designated age) is a bona fide occupational requirement.

As reported in the media on December 2, 2006, Premier Campbell has announced that mandatory retirement in BC will also soon be abolished. Specifically, it is expected that the BC Human Rights Code will be amended in Spring 2007, with the result being that mandatory retirement policies will not be generally permissible in this province.

Similarly, on November 6, 2006 the Saskatchewan Government introduced Bill 9, which will amend the Saskatchewan Human Rights Code, with the result that mandatory retirement policies will not be generally permissible in that province if Bill 9 is enacted. However, the amendments would not come into force for one year after Royal Assent.

Mandatory retirement is already not generally permissible in Alberta, Manitoba, Quebec, PEI, Yukon, the NWT and Nunavut.

Update on Wallace Damages and Express Notice Provisions in the Employment Contract

In Lane v. School District 68 (Nanaimo-Ladysmith), 2006 BCSC 129, the employee was dismissed without cause and was provided with 12 months severance as per her employment contract (para. 35).

Her claim for Wallace damages was denied on that basis that, inter alia, her employment contract contained an express term regarding her notice entitlement (para. 188). This decision was issued on January 26, 2006 and has not yet received any treatment.

In concluding that Wallace damages are not recoverable where there is an express notice provision, the court in Lane followed the decision of the PEI Court of Appeal in Barnard v. Testori America Corp., 2001 PESCAD 4. Other than in Lane, Barnard has not been treated on point.  read more »

Charter compels disclosure of accuser's medical records in case where care attendant fired for patient abuse

Jurisdiction: - Prince Edward Island
Sector: - Health Care

Prince Edward Island Union of Public Sector Employees v. Provincial Health Services Authority, [2005] P.E.I.L.A.A. No. 1 (QL), [2005] P.E.I.L.A.A. No. 3 (QL)