Harassment of Workers That Choose to Work Past the Age of 65
ILWU Canada and the BCMEA agreed that as of November 1, 2010 workers would be allowed to work and to be despatched as usual when they reach the age of 65.
• They will go out in rotation.
• They are entitled to continue on in the Gang, RWF or Lines positions as before they turned 65.
• In any issue in regards to these workers’ rights under the ILWU/BCMEA Collective Agreement they will be represented by the Union.
These workers have exercised their rights as Canadians to work past the normal age of retirement. It is an offense under the Human Rights Act to discriminate or harass people who elect to continue working past age 65. Examples of misconduct are:
• Unwanted comments about a person’s age and ability to perform their work;
• Disparaging comments about taking someone else’s job;
• Any suggestion that the decision to work past the age of 65 is anti-union;
• Shunning, refusing to answer, bullying, teasing and abusive and aggressive behaviour.
Behaviour is considered to be harassment when a person reasonably ought to have known that such behaviour would be unwelcome, unsolicited or offensive. It is the perception of the person who is subject to the comment or action that is taken into account if a complaint was filed with the Canadian Human Rights Commission.
Any negative comments directed towards or about a person who has chosen to continue to work past age 65 must be construed as being done deliberately and intentionally to cause harm to your fellow worker. The ILWU expects a workplace that respects all employees’ human rights. Anyone whose conduct does not respect co-workers’ human rights, including those who decide to work past the age of 65, will be subject to discipline.
ILWU Local 500 Officers