PE: UPEI forced to scrap mandatory retirement policy

[CHARLOTTETOWN, PE] – A human rights panel has struck down UPEI’s contentious policy of mandatory retirement at age 65.

The panel released Tuesday its decision that the termination of two professors and a staff employee is discrimination as defined by the Prince Edward Island Human Rights Act.Former psychology professor Thomy Nilsson, former sociology professor Richard Wills and Yogi Fell, who ran the shipping and receiving department at UPEI, are eligible for reinstatement to the positions they held at the time the University’s policy of mandatory retirement was imposed on them. All three had their employment terminated solely for reaching the age of 65.

The panel’s decision will also apply to three other former members of the University’s faculty who had filed complaints challenging UPEI’s policy.

Thomy, 69, of Cornwall says he is pleased with the outcome of his long fight (he first filed a complaint with the P.E.I. Human Rights Commission on Oct. 14, 2005).
“I believe this is a ruling that will benefit the University,” he says. “They will be able to retain their most experienced faculty and staff members – and the students will stand to benefit as well.”

Nilsson plans to return to teaching courses at UPEI, but notes picking up his research where it left off will be more difficult.

“During my absence, my vision laboratory was dismantled,” he says.

Also, Nilsson hasn’t published anything in his research field for the past four years, which presents a greater challenge to securing research funding.

The UPEI Faculty Association said in a statement the decision is significant in finding the Association, which represents academic staff at the University, didn’t act in any way to cause or to contribute to the discrimination against the complainants.

The University had argued the Association should share in any liability in regards to the complainants since its collective agreement with the University contained the policy. However, the panel found the parties never negotiated the policy; the University imposed the policy, leaving it fully responsible for the discrimination and fully liable for damages being sought by the complainants.

“From the start, the Faculty Association has maintained the University’s policy is discriminatory, so we’re extremely pleased with this outcome, both for the complainants and our entire membership,” says Association President David Seeler. “It means that the policy will be eliminated at the University and struck from both of our collective agreements.”

The Association’s collective agreements contain a clause that declares null and void any article which is found to be in conflict with any provincial statue. Despite the potential to share any liability, the Faculty Association supported the complainants and worked to see the policy abolished.

The complainants seek reinstatement at the level of salary they would be earning if they had continued employment with the University. They seek reinstatement under the pension plan and a recalculation of their benefits as if they had continued employment with the University since the age of 65.

The complainants also seek general damages to compensate for their loss of professional reputation and inability to continue lifelong research and loss of contact with colleagues and students resulting from their involuntary termination from employment with the University.

During the hearing, the University’s director of human resources, Peggy Leahy, voiced concern that UPEI would be left scrambling if the mandatory retirement policy comes to a halt.

UPEI President Wade MacLauchlan voiced his concern yesterday that without mandatory retirement the University will face a greater challenge in maintaining the highest level of engagement of faculty and staff to best serve its students.

“I don’t think anyone believes you can be at the top of your game unless you are bringing new people in,” he says. “It can’t help but bring certain extra (fiscal) demands… as people stay on in their careers, their salaries are higher.”

The president wouldn’t hazard a guess as to what percentage of faculty will choose to continue working beyond the age of 65 at UPEI with the sudden end to mandatory retirement.

Nearing collective agreement negotiations between the University and faculty should result in some interesting discussions and considerations with mandatory retirement now off the table.