The following is being distributed at the request of the Human Rights Commission:

The Human Rights Commission is pleased to release a Board of Inquiry decision upholding the human rights principle that older workers who are eligible for pension are not to be targeted when downsizing the workforce.

Adjudicator, Valerie Marshall, in a decision released on November 1, upholds the complaint of Eric Salter, St. John's, which was filed with the Human Rights Commission against the Department of Forest Resources and Agrifoods. In her decision, Ms. Marshall states "In summary, the board finds that Mr. Salter's complaint is not statute barred. The board further finds that a case of age discrimination was established on the balance of probabilities at the hearing and the respondent's reasons for same are pretextual."

Mr. Salter was employed as the District Manager with the Department of Forest Resources and Agrifoods from 1978 until May 1996. He was terminated at that time and a younger person from the regional office was placed in his position of District Manager. He asked the Public Service Commission to investigate and was advised in a letter dated July 6, 1998 that age discrimination could be addressed through the Human Rights Commission. Mr. Salter filed his complaint with the commission on August 31, 1998.

Adjudicator Marshall states in her decision that she shall reconvene the board for the purpose of determining remedy. Copies of the 72-page decision are available from the Human Rights Commission.

Media contact:

          Gladys Vivian
          Executive Director
          Human Rights Commission
          P.O. Box 8700
          St. John's, Newfoundland 
          A1B 4J6
          Phone: (709) 729-2709
          Toll Free: 1-800-563-5808

2001 11 02                         11:15 a.m.