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27/12/2001

Canadian Forces Ordered to Compensate Retired Warrant Officer

OTTAWA - December 27, 2001 - A Canadian Human Rights Tribunal has concluded that the Canadian Armed Forces (CAF) withheld a promotion to a now-retired Warrant Officer because of his age, and has ordered compensation for him.

George Morris filed a complaint with the CHRC in 1996, after being passed over repeatedly for promotion to Master Warrant Officer, despite possessing the prerequisites. He believed the CF's reason for denying him the promotion was based on his age.

"Increasingly, older workers are targets of discrimination," said CHRC Chief Commissioner Michelle Falardeau-Ramsay. "Mr. Morris was qualified for a promotion, and had received glowing recommendations over a number of years for the higher position. His age should not have been a factor in his being denied this hard-earned recognition and position," she went on.

In examining the evidence before him, Tribunal Chairperson Athanasios Hadjis noted that "...a view prevailed within the Canadian Forces, that older members could not get promoted," a factor that contributed to continued decisions to not grant him a promotion to the rank of Master Warrant Officer.

In delivering his ruling, Chairperson Hadjis ordered the CF to promote Mr. Morris to the rank of Master Warrant Officer, effective September 1, 1993, and to pay him the difference between his Warrant Officer salary and what he would have received had he been promoted. In addition to interest, the CF must also adjust the complainant's severance compensation, cover any additional income tax liability he may incur, and pay him $3,000 special compensation for hurt feelings.

"The Tribunal's ruling sends an important message to the Canadian Forces--one which I hope will bring positive change to its merit assessment process," concluded the Chief Commissioner.

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