Company discriminated based on age: tribunal 0
The B.C. Human Rights Tribunal awarded a journeyman roofer two months worth of wages (PHOTO ILLUSTRATION)
A Vancouver Island roofing company discriminated against a former employee when it laid him off due to his age, according to a B.C. Human Rights Tribunal decision.
Journeyman roofer Paul Price was 53 years old when Top Line Roofing laid him off in July 2012. A second roofer, who was in his 60s, was also laid off at the same time, the tribunal said. According to a decision by tribunal member Marlene Tyshynski, in April of the same year Top Line hired three workers — a journeyman and two apprentices — who were all younger than Price. But it was Price and the other older roofer who were laid off in July.
“In my view, this is sufficient evidence for me to infer that age was a factor in the termination of Mr. Price’s employment,” Tyshynski wrote. “I find that Mr. Price has established a prima facie case of discrimination.”
According to the decision, Top Line denied age was a factor in laying off Price, arguing it was partly due to a work shortage. But Tyshynski said the company did not account for why it laid off the two older employees due to a work shortage and not the younger employees hired just months earlier.
Top Line witnesses at the tribunal said Price was also laid off due to a “lack of productivity,” the decision said.
“I find that Top Line did not substantiate their claims about Mr. Price’s poor work performance or that it told Mr. Price he was working too slowly,” Tyshynski wrote.
The tribunal awarded Price $11,861.48, equal to the wages that would have been paid for two months of work.