Saskatchewan-based employer’s mandatory retirement policy no good in Alberta, court rules

Employer didn't realize difference in laws between the jurisdiction of its head office in Saskatchewan and its Alberta branch
|Canadian Employment Law Today

An Alberta company violated an employee’s human rights when it pushed him to retire at age 65 in accordance with its mandatory retirement policy, the Alberta Court of Queen’s Bench has ruled.

Leo Magnan, 68, worked for the Edmonton facility of Brandt Tractor Ltd., a heavy construction and forestry equipment company. He began working in the industry in 1966 and continued with Brandt when it bought his employer in 1999.

Brandt had an unwritten mandatory retirement policy which required employees to retire at 65, or shortly after. This policy was contrary to Alberta human rights legislation but at the time was allowed in Saskatchewan, where Brandt’s head office was located.