AT WORK WITH HRM 2.1 WHAT IF THE PERSON IS RETIRING? A recent decision by the Public Sector Labour Relations and Employment Board reinforces the need to consider all the prohibited grounds in human rights legislation when making decisions. An employee at the Canadian Border Services Agency (CBSA) indicated that she was willing to take a cash payment to leave as part of the CBSA decision to down- size certain jobs. The manager refused the request even though the cash incentive plan was written into the var- ious collective agreements. The decision was based on the manager's perspective that the position could be elimi- nated as part of the cost cutting because the person was going to retire. Under the downsizing plan, employees could post their position on the internal website if they were willing to give up their job to employees who were going to be laid off. The employee did this, on the advice of the union, and the manager was obliged to consider the various applicants. In reviewing the applications, the position was going to be eliminated, so there was no need to try to find someone to take the job. The union grieved the decision on the basis that the employee was being dis- criminated against due to age. The grievance advanced to the board, which determined that age played a major role in the decision. According to the board, the employee was identified as someone who was retiring soon (although the employee never indicated this) and that the position could be eliminated. In its view, this was a stereotype of age, and since the CBSA continued to support the manager, it was a discriminatory practice. The board ordered the CBSA to pay $15,000 for the dis- crimination and another $10,000 as special compensation for the pain and suffering caused to the employee. CRITICAL THINKING QUESTIONS: 1. Do you think this was an appropriate decision? Why or why not? 2. Do you think the monetary award was appropriate? Why or why not? manager found that none qualified for the position. Fur- thermore, the manager informed the employee that the