Man Receives Compensation in Mandatory Retirement Complaint

John Cline of Coldbrook, Kings Co., has been awarded more than $12,000 in general and special damages, plus interest, by an independent human rights board of inquiry that considered his complaint of age discrimination.

The board chair, Gilles Deveau, upheld Mr. Cline's complaint that the Annapolis Valley Regional School Board discriminated when it removed him from its substitute teacher list after he turned 65.

At the time, the school board had a mandatory-retirement policy for employees. Mr. Deveau concluded that the policy did not meet the necessary test to be exempted under provisions of the Human Rights Act and therefore discrimination had occurred. The policy has since been rescinded.

"[The school board] has failed to satisfy the burden of proof showing that its mandatory-retirement plan was 'reasonable' with regards to sound business practice," Mr. Deveau wrote in his decision. "The [board of inquiry] finds it is hard to imagine how arbitrarily setting an age limit is more dignified than an open, transparent and structured process using objective criteria for performance appraisal."

The school board has been ordered to pay Mr. Cline $1,000 in general damages and a further $11,850 in special damages based on a calculation of lost income as a result of being removed from the substitute teaching list.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.

Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.