Hearing into CBRM retirement complaint scheduled
SYDNEY — A motion to stay the proceedings of a provincial human rights inquiry into the retirement policy of the Cape Breton Regional Municipality is now scheduled for Dec. 14.
Supreme Court Justice Cindy Bourgeois set the date Monday after hearing arguments in Sydney from the parties involved in the case.
The Nova Scotia Human Rights Commission has appointed Truro lawyer Dennis James to head a board of inquiry into com- plainants of former employees of the CBRM forced to retire at age 65. Preliminary proceedings before the inquiry are expected to be held later this month.
Former CBRM employees Douglas Foster, Judy Wadden, Robert Ballen, Mary Coffin, Jack Hynes and Ralph Gatto have challenged the municipality’s retirement demand.
The Nova Scotia Human Rights Act forbids discrimination by employers on the basis of age. However, it does allow exceptions if the employees aren’t physically or mentally able to do their job, or where their continued employment prevents the operations of a bona fide pension plan, or group or employee insurance plan.
Lawyers for the CBRM argue it was unfair of the commission to appoint a board of inquiry without first notifying the CBRM, providing it with copies of the complaints and following its own policy that all parties be given a chance to comment in writing on whether a board of inquiry should be called.
Also, the municipality contends the commission is attempting to retry an issue already determined by a previous inquiry in a similar complaint filed by a CBRM employee in 2009. They also argue that in the case three years ago, the board already found that the CBRM’s mandatory retirement requirement met the pension plan-related exception.
The commission served notice Monday it would not be taking a position when it comes to the stay application.
Meanwhile, all sides in the dispute are also expected to be in court Feb. 26-27 for a judicial review of the decision to call the inquiry.
In addition to the CBRM, the commission and the employees who filed the compliant, the only other party granted standing before the court is the Canadian Union of Public Employees, which represents unionized workers with the CBRM.