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ARTICLE · 27 JANUARY 2014

Age And Performance Management

McCarthy Tétrault
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If you are going to lay off older workers while hiring younger ones in the same category, you better have a good explanation.

CanadaEmployment and HR
Donovan Plomp
Donovan Plomp
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If you are going to lay off older workers while hiring younger ones in the same category, you better have a good explanation. That's essentially what the BC Human Rights Tribunal said in Price and Top Line Roofing Ltd., 2013 BCHRT 306. The Complainant, Paul Price, was a journeyman working for the Respondent Top Line.  He was one of the two oldest journeymen employed at Top Line. Both were laid off in July, 2012.  A few months before this, however, Top Line had hired a journeyman in his 40s and two young journeymen apprentices.

Top Line said Price was laid off because of a shortage of work, lack of speed, and poor motivation and attitude. Price denied performance and motivation issues, and said they had never been raised with him.

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