A human rights panel has struck down the default retirement age at the University of Prince Edward Island, saying the forced retirement of three employees at age 65 was discrimination under the province’s Human Rights Act.

Psychology professor Thomy Nilsson, sociology professor Richard Wills, and Yogi Fell, who worked at UPEI’s Atlantic Veterinary College, filed complaints against the university with the PEI Human Rights Commission after they were let go in 2005–2006.

They are now eligible for reinstatement, as are three other faculty members who filed complaints challenging the university’s mandatory retirement policy.

The university administration also lost its argument before the commission that the UPEI Faculty Association should share in any liability because they were partners in the collective agreement that contained the mandatory retirement policy.

“From the start, the faculty association has maintained that the university’s policy is discriminatory,” said association president David Seeler. “We supported the complainants and worked for abolishment of the retirement policy, so we feel extremely pleased with this outcome both for the complainants and our entire membership. It means the policy will be eliminated at the university and struck from collective agreements.”

The panel ruled that because the policy was “imposed by the university” and “not negotiated,” the faculty association neither caused nor contributed to the discrimination found against the complainants.

The ruling leaves UPEI’s administration responsible for the discrimination and for damages and costs being sought by the complainants.

“This is a welcome end to a five-year fight,” said Wayne Peters, CAUT’s vice-president and past president of the UPEI Faculty Association. “It’s a victory for human rights.”

The complainants are seeking reinstatement at the level of salary they would now be earning had they continued employment at UPEI, reinstatement under the pension plan along with a recalculation of their benefits, as well as compensation for their loss of professional reputation and inability to continue lifelong research and loss of contact with colleagues and students.