Collective agreement overrides benefits exemption for over-65s

Employer argued benefits were exempt from mandatory retirement ban but collective agreement stipulated all employees should be included
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 09/22/2010

An Ontario municipality shouldn’t have denied benefits to workers over 65 by relying on an exclusion of benefits in legislation banning mandatory retirement instead of its collective agreement, an arbitrator has ruled.