It’s not so much the timelines behind you that matter as the timelines in front of you.

According to court documents, Christopher Garner says he heard this after being turned down for higher positions at the Bank of Nova Scotia because of his age.

Garner worked as a branch manager at the bank for 35 years before he took the company to court with allegations of age discrimination and constructive dismissal.

Garner claims in a 2010 meeting, Peter Bessey, a senior vice president with the bank told him the positions were meant for younger applicants.

After filing a lawsuit in 2011, Garner was let go from the bank.

The judge concluded Garner had not been discriminated against but was wrongfully dismissed.

But Garner feels differently.

“35 years, 5 months, and 23 days before I was FIRED for standing up to Scotiabank on an age discrimination issue,” Garner wrote on his Facebook timeline.

See details of the money awarded to Garner below

‘Ageism exists in too many places in the workplace’

Christopher’s feelings aren’t unique.

Six in ten Canadian seniors say they have been treated unfairly or differently because of their age and employers were listed as one of the top sources of age discrimination, according to The Revera Report on Ageism.

“We believe that ageism exists in too many places in the workplace,” says Ian MacDonald, chairperson of the Canadian Association of Retired Persons.

Although Canada’s mandatory age of retirement was abolished in 2012, Ian says seniors still face a myth they aren’t as capable as younger workers and can be seen as a cost drain

“They look at an older worker who is typically going to be earning more because of their seniority and may be costing more in terms of health benefits, they see that as a liability,” says Ian.

Ian says this may lead to a company ushering out older employees.

“They’ll restructure, change their [job] description in order to make it impossible or extremely difficult for the employee to meet the objectives,” Ian says.

Kevin MacDonald, a trial lawyer who handled Christopher’s case against the Bank of Nova Scotia, has worked a number of cases regarding dismissal based on age.

Kevin says older employees may be terminated because of their higher salaries but the blame is put on their abilities.

Kevin says employers often make a calculated decision when cutting seniors.

“They know it is very difficult to effectively challenge a decision to terminate someone because of the cost involved,” Kevin says.

Value of working seniors

Ian believes older workers are more reliable and don’t have issues such as child care to worry about.

With a few adjustments, Ian says seniors can remain in the workplace.

“If a person has to be on their feet all day then put some cushioned carpet or floor under them,” Ian says. “They can be very inexpensive things that will reengage an aging workforce and actually increase productivity.”

But there are times seniors might not be up for the job, says Erin Cain, a lawyer with the Merrick Jamieson Sterns Washington & Mahody firm in Halifax.

Cain says bona fide occupational qualifications are qualities or attributes employers are allowed to consider when making a decision to terminate an employee.

“Think about something like an airline pilot or a fire fighter,” Cain says. “There are areas of employment where they do take into consideration the physical aspects of the job.”’

But Ian says age shouldn’t be a factor at work.

“Age should never be the basis of whether someone should be let go from a job, the same way as race or gender shouldn’t be,” says Ian. “Everyone should be evaluated on what they do.”