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Rayonier Inc. successfully defends against union policy grievances alleging violation of the Canadian Charter of Rights and Freedoms

Fasken
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Overview

In this grievance arbitration held on August 11, 2020, August 4, 5, 19 & 20, 2021, May 10, June 10 & 30, 2022, Unifor Locals 89 and 256 (“Unifor”) brought a policy grievance alleging that the age cap on long term disability (LTD) benefits provided by Rayonier under the terms of the collective agreement between the parties discriminated on the basis of age in violation of the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms.

Fasken represented Rayonier with a team led by Mathias Link which included Sophie Arsenault and Rebecca Rossi, successfully arguing that the age based cap on eligibility for LTD coverage constituted a reasonable limit under s. 1 of the Charter.

Jurisdiction

  • Ontario

Team

  • Mathias Link, Partner | Labour, Employment & Human Rights, Toronto, ON, +1 416 943 8977, [email protected]
  • Sophie Arseneault, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6904, [email protected]
  • Rebecca (Rossi) Ellul, Associate | Labour, Employment & Human Rights, Toronto, ON, +1 416 868 3534, [email protected]
Mathias Link Toronto Lawyer Mathias Link Partner | Labour, Employment & Human Rights Toronto, ON +1 416 943 8977
Sophie Arseneault Ottawa Lawyer Sophie Arseneault Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6904
Rebecca Rossi Toronto Lawyer Rebecca (Rossi) Ellul Associate | Labour, Employment & Human Rights Toronto, ON +1 416 868 3534