UPEI loses mandatory retirement fight
Last Updated: Tuesday, February 23, 2010 | 2:40 PM AT
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The University of Prince Edward Island intends to review a decision by the P.E.I. Human Rights Commission that found its policy of mandatory retirement discriminatory.
Yogi Fell said the decision is not just for her but for everyone that follows her. (CBC) The commission found in favour of three employees who were forced to retire in 2005 in a decision released Tuesday.
UPEI president Wade MacLauchlan said one the first things the university must do is consider the possibility of appealing the decision.
"We're going to be reviewing all of that internally, taking account of advice from our legal advisors," MacLauchlan told CBC News.
Yogi Fell, one of three UPEI employees who filed the complaint, opened her envelope from the commission Tuesday morning to find the ruling had gone in her favour.
"I'm pretty excited. I feel that, you know, we're now in tune with the rest of Canada," Fell said.
"I'm just so pleased that this decision has been made, because it's not only for me it's for all the women that are working to follow me. If they don't have a big enough pension then we can continue."
Future impact
Thomy Nillson, who was a psychology professor, believes the decision will be good for UPEI.
The decision leaves Wade MacLauchlan concerned about how the university will renew itself. (CBC) "I'm glad for the university as a whole. I feel this decision will be to the benefit of the university," said Nillson.
But MacLauchlan expressed concern about what the decision means for the future of the university. He said it is important to have an appropriate mix of younger and older faculty, and new ideas.
"A very important part of that is the ability to then renew the whole team," he said.
"Without mandatory retirement the whole question of renewal is up in the air."
MacLauchlan said universities and other institutions in Canada that have eliminated mandatory retirement have been surprised at how many older employees have opted to stay on, and with more people continuing to work fewer new people can hired.
Retirement policies are a part of of inter-generational equity, he said, and affect the current and future outlook of students.
Fell is looking forward to returning to work at the university's shipping department, but the commission has not yet ruled on remedies and/or damages. It has given the two sides 45 days to make submissions regarding remedies for the discrimination.
The third complainant in the case was Richard Wills, a professor in sociology and anthropology All three were forced to retire at age 65 in 2005.
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