No Evidence Fired Worker Was Victim of Age Discrimination or a Reprisal

After a 63-year-old worker was fired, he claimed that he was discriminated against based on his age and fired in retaliation for suggesting that a co-worker go to the HR director about harassment by another worker. The employer said it fired him for poor performance and a negative attitude. The Human Rights Tribunal found no evidence that the worker’s age played a role in his termination. As for the reprisal claim, there was no evidence that anyone in the HR department even know that the worker had advised the co-worker about her harassment complaint, much less that it was a factor in the decision to fire him. So the Tribunal dismissed the complaint [Pierotti v. Lakeshore Inc., [2012] HRTO 707 (CanLII), April 10, 2012].