Grant v. Manitoba Telecom Services Inc.

Grant v. Manitoba Telecom Services Inc.

The Tribunal determined the pension remedy awards half of the employer's pension contributions for the period following the Complainant's layoff (not half of pension benefits), affirmed the distinction between pre-layoff benefits (restored in full) and post-layoff contributions (half employer contributions), and retained jurisdiction to supervise implementation and to resolve whether special contributions and interest must be included, directing further actuarial submissions and timelines for reply.

Citation
2013 CHRT 35
Parties
Complainant: Heather Lynn Grant; Commission: Canadian Human Rights Commission; Respondent: Manitoba Telecom Services Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 December 2013
Procedural Posture
Human Rights Disability Discrimination (canadian Human Rights Act) / Ruling on Remedy Implementation / Retained Jurisdiction on Pension Remedy
Outcome
Tribunal rules the order awards 50% of employer pension contributions for the post-layoff period, not 50% of pension benefits; retains jurisdiction and directs further submissions to determine whether special contributions and interest are payable.
Legal Topics
Disability Discrimination, Remedies, Pension Contributions Vs Benefits, Reinstatement, Tribunal Jurisdiction
Source Language
English
Human Rights Law Employment Law Pension Law Administrative Law Disability Discrimination Remedies Pension Contributions Vs Benefits Reinstatement +1 more

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Parties

Heather Lynn Grant

Complainant

Canadian Human Rights Commission

Commission

Manitoba Telecom Services Inc.

Respondent

Procedural Posture

Human Rights Disability Discrimination (canadian Human Rights Act) / Ruling on Remedy Implementation / Retained Jurisdiction on Pension Remedy

Legal Issues

  1. 1 Whether the Tribunal ordered half of the employer's pension contributions or half of the pension benefits for the post-layoff period
  2. 2 Whether the Tribunal remained functus officio on the substantive pension remedy or retained jurisdiction to direct implementation
  3. 3 Whether special pension contributions and interest must be included in the quantum

Ratio Decidendi

The Tribunal determined the pension remedy awards half of the employer's pension contributions for the period following the Complainant's layoff (not half of pension benefits), affirmed the distinction between pre-layoff benefits (restored in full) and post-layoff contributions (half employer contributions), and retained jurisdiction to supervise implementation and to resolve whether special contributions and interest must be included, directing further actuarial submissions and timelines for reply.

Court Disposition

Tribunal rules the order awards 50% of employer pension contributions for the post-layoff period, not 50% of pension benefits; retains jurisdiction and directs further submissions to determine whether special contributions and interest are payable.

Orders

  • The Respondent shall provide a response to the Complainant's supplemental actuarial report addressing special contributions and interest by January 31, 2014.
  • The Complainant shall file a reply limited to responding to the Respondent's submission by February 28, 2014.