Succession and transitional planning is an important and
necessary process in any organization, especially where a
significant number of employees are nearing retirement.
However, employers must be aware of the risks associated with their
succession and transition plans, particularly where employees at or
near retirement wish to continue working. Cowling v. Alberta Employment and
Immigration, a recent decision of the Human Rights
Tribunal of Alberta (the Tribunal), serves as a good reminder of
those risks.
In Cowling, the complainant, a 67 year old labour relations
officer (LRO) that had been employed by the Department of Human
Services for 8 consecutive years on a series of contracts alleged
that she was denied continuing employment and discriminated against
due to her age. She had been notified approximately 1 year
prior to the expiry of her latest contract that it would not be
renewed. The reason given by the employer was that it planned
to restructure the
