Age 65 Cut-Off For Long-Term Disability Benefits Coverage Not A Charter Violation

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining agreement (CBA) was in violation of the Canadian Charter of Rights and Freedoms(Charter). For reasons specific to the language in the CBA, arbitrator Knopf separately upheld a union policy grievance that the CBA required the continuation of life insurance, without reduction, beyond the attainment of age 65. On both issues the arbitrator's decision turned in large part on the specific circumstances in this case, but the decision is a helpful reminder to employers to be mindful of best practices and the interplay between CBA and benefits policy language, and more broadly the potential for Charter-based claims respecting differential treatment under benefits plans, particularly for employees in Ontario.