Board Dismisses Sydney Man's Age-related Human Rights Complaint

A complaint of age-discrimination filed by a Sydney man has been dismissed by an independent human rights board of inquiry.

William Talbot filed a complaint in 2004 with the Nova Scotia Human Rights Commission. He alleged he was discriminated against by his employer when he was required to retire from his job at the Cape Breton Regional Municipality and CUPE Local 759 because of his age.

In her decision, board chair Cynthia Chewter concluded that the pension plan of the Cape Breton Regional Municipality was a legitimate plan. Therefore, mandatory retirement according to the plan was allowed under the Nova Scotia Human Rights Act and Mr. Talbot's complaint was dismissed.

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.

A copy of the decision is available on the commission's website at www.gov.ns.ca/humanrights/decisions/2009decisions.htm .