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Manitoba

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.

"Ready or Not: Workplace Privacy is Here"

I co-authored an article  - "Ready or Not: Workplace Privacy is Here" - that was recently published in Management Rights Journal (Vol. VI, No. 2 2003, pg. 331). The Journal is one of several legal publications issued by Federated Press.

The article covers the following workplace privacy issues in British Columbia and Alberta:  read more »

"Good Faith And The Individual Contract of Employment"

The Manitoba Law Reform Commission has published a report entitled, "Good Faith And The Individual Contract of Employment" (December 2001). The report"

...examines the remedies for wrongful dismissal before the [Supreme Court of Canada's decision in Wallacev. United Grain Growers Ltd., [1997] 3 S.C.R. 701] and alludes to the changing nature of the employment relationship. It describes the principles set out in Wallace in respect of bad faith dismissal and reviews the subsequent judicial interpretation and application of Wallace. Options for reform are then identified, followed by our recommendations for reform.

Manitoba Court of Appeal: Employee constructively dismissed due to hostile/embarrassing work environment

Jurisdiction: - Manitoba

Whiting v. Winnipeg River Brokenhead community Futures Development Corp., (1998), 159 D.L.R. (4th) 18 (Man.C.A.).