Redirecting pension contributions does not constitute discrimination on the basis of age: Human Rights Tribunal of Alberta
The Human Rights Tribunal of Alberta recently dismissed an employee’s allegation that he had been a victim of discrimination on the basis of age when his employer redirected his pension contributions to a health and welfare trust fund upon reaching age 71.
The complainant was an employee of the Health Sciences Association of Alberta (the “Company”). When the complainant reached age 71, his employer stopped making contributions to the Operating Engineers Pension Trust Fund on his behalf, stating in a letter to the complainant that the law required that there be no further contributions to the pension plan for members any time after the end of the calendar year in which the member attains 71 years of age.
Per the Collective Agreement between the Company and the complainant’s union, pension contributions were still required, despite an employee’s age. Consequently, the union and the Company agreed to redirect the contributions made on behalf of employees age 71+ to the health and welfare trust fund.
The complainant was of the view that the pension contributions should be paid directly to him and not redirected to the health and welfare trust fund, and alleged discrimination on the basis of age. The Company argued that it did not discriminate against the complainant on the basis of his age and stated there is no stipulation in the Collective Agreement that the employer pay the amount of the pension contributions to an employee as part of their salary or total compensation.
The complainant requested that his union file a grievance against the Company. After review, the union declined. The complainant then filed a Duty of Fair Representation complaint with the Alberta Labour Relations Board, which was also dismissed. The complaint was then brought before the Human Rights Tribunal of Alberta where it found that the union had made a valid decision not to file a grievance. The complaint was dismissed.
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