mandatory retirement

Is 36 months the new 24?

February 1, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 3

For a long time, the common law notice period had an “unofficial” cap of 24 months, which was generally reserved for very long-service, senior level management. In recent years, things have changed and longer notice periods are becoming the norm.

mandatory retirement, termination, Termination clause

Three popular articles this week on HRinfodesk

November 4, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Analytics, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with the impact of an aging workforce; mood disorders and job performance; and, unauthorized deductions.

age-based discrimination, aging workforce, employment law, HR Law, HRinfodesk, Job performance, mandatory retirement, Mental illness, mood disorders, unauthorized payroll deductions

Three popular articles this week on HRinfodesk

June 5, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

Three popular articles this week on HRinfodesk deal with mandatory retirement; enforceability of releases; and an employer’s obligation to accommodate child care responsibilities.

Canadian Human Rights Act, disputes arising from the agreement, employment contract, employment law, family status, human rights code, mandatory retirement, obligation to accommodate child care responsibilities, prohibited ground of discrimination, trade unions

Top benefits trends for Canadian employers to track in 2014

January 28, 2014 Marcia Scheffler Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

Rising costs, court challenges and legislative changes are three trends employers should track to manage employee health care benefits in the coming year. These three areas will continue to drive employee health care policies for employers. Awareness and planning in these areas will help employers to contain costs and avoid discrimination charges regarding provision of benefits.

Access to biologic and biosimilar drugs, Affordable Care Act, age discrimination, aging workforce, benefit plan sponsors, Benefits Canada, benefits coverage entitlement, benefits package, benefits trends, Canadian employers, chronic conditions, competitive compensation package, Cost containment, court challenges and legislative changes, discrimination, employee health care policies, employees who are older than the age of 65, full drug coverage plans, ge related benefit discrimination, generic version, healthcare plans, manage employee health care benefits, mandatory retirement, Obama care, psoriasis or arthritis, Sunlife, work past the age of 65

Leave to Appeal Air Canada mandatory retirement case to Supreme Court of Canada dismissed

April 30, 2013 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Union Relations

As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.

Air Canada, Air Canada pilots, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, employment law, Federally regulated workplaces, Labour Law, leave to appeal, mandatory retirement, mandatory retirement age, Supreme Court of Canada, temporary help agencies, transportation, Vilven and Kelly

Human Rights Tribunal dismisses seven allegations of age discrimination

September 18, 2012 Simon Heath, BA, MIR, LLB, Heath Law Human Resources, Human Rights

Since Ontario eliminated mandatory retirement back in 2006, age has become one of the most often cited ground for discrimination in human rights case law. In Zholudev v. EMC Corporation of Canada, 2012 HRTO 626, the Ontario Human Rights Tribunal scrutinized an employee’s allegations of age discrimination in the context of the employer’s promotion and termination practices.

age discrimination, discrimination, discrimination based on age, employment law, human rights code, job promotion, mandatory retirement, outsourcing, promotion and termination practices, reasonable prospect of success, termination

Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations

Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.

bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly

Air Canada’s mandatory retirement practice upheld

August 7, 2012 Christina Catenacci Human Resources, Human Rights

A recent decision by the Federal Court of Appeal has upheld the mandatory retirement practice for Air Canada pilots. This decision overturns earlier findings by the Federal Court of Canada and the Canadian Human Rights Tribunal that contractual provisions forcing Air Canada pilots to retire at 60 violated the Canadian Charter of Rights and Freedom.

age, age discrimination, age-based discrimination, Canadian Charter of Rights and Freedom, Canadian Human Rights Act, discrimination, employment law, federal court of appeal, Labour Law, landmark 1990 Supreme Court of Canada decision, mandatory retirement, mandatory retirement practice, McKinney, pilots, retirement

Air Canada pilots’ mandatory retirement saga continues

July 13, 2012 Christina Catenacci Human Resources, Human Rights

As you may recall, Air Canada pilots launched human rights complaints on the ground of age discrimination because the company forced them to retire at age 60. In a history of decisions spanning back to 2007 challenging the Air Canada policy that requires pilots to retire at the age of 60, which section 15(1)(c) of the Canadian Human Rights Act purports to allow, the Canadian Human Rights Tribunal recently made two more decisions. One involved…

age discrimination, age-based job requirement or qualification, Air Canada, Air Canada pilots, Bailie et al, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination, employment law, Federal Court, mandatory retirement, normal age of retirement, normal retirement age, pilots, Thwaites et al, Vilven and Kelly

Older workers and declining performance

July 5, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Human Rights, Union Relations

When mandatory retirement was eliminated, I noted that this change might create some interesting HR issues for employers of older workers. In the past, employers were often in a position to tolerate declining performance, comfortable in the knowledge that the employment relationship had a fixed “end date.” As a result, they could allow the employee to work out their last few years and retire with dignity.

age discrimination, bona fide occupational requirement, collective agreement, declining performance, employment law, Labour Law, Malik v. New Brunswick Human Rights Commission and Brunswick News Inc., mandatory retirement, older workers, performance management, prima facie discrimination, prohibited ground of discrimination, retire with dignity, retirement, retirement age

Canadian Human Rights Commission cautions employers on rights of aging workers

April 11, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights

Recently, the Canadian Human Rights Commission received inquiries and was made aware of media commentary about employers seeking to take advantage of the transition period to force older employees to retire before they are ready to.

age friendly workplace, aging workers, aging workforce, bona fide occupational requirement, Canadian Human Rights Act, canadian human rights commission, employment law, forcing older employees to retire, Greying of the workforce, mandatory retirement, mandatory retirement age, mandatory retirement policy, older workers’

Mandatory retirement ends for federally regulated employers

January 16, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights

The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.

age, age discrimination, age-based job requirement or qualification, anti-harassment and anti-discrimination policies, BFOR, Bill C-13 Keeping Canada’s Economy and Jobs Growing Act, bona fide occupational requirement, Canadian Human Rights Act, duty to accommodate, employment law, federally regulated employers, mandatory retirement, The normal age for retirement in Canada is 65, The Supreme Court of Canada, workplace policies

Mandatory retirement has been eliminated − is anyone listening?

September 22, 2011 Earl Altman Employee Relations, Human Resources, Human Rights

Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.

65 is the accepted age for retirement, age, age discrimination, bona fide occupational requirement, discrimination, employment law, human rights code, Human rights complaint, human rights tribunal, mandatory retirement, retirement at age 65, Workplace policy

The Air Canada pilots’ mandatory retirement saga – will it end with the tribunal’s third decision?

August 26, 2011 Christina Catenacci Human Resources, Human Rights, Union Relations

In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.

accommodation, Air Canada, Air Canada pilots, bona fide occupational requirement, Canadian Human Rights Tribunal, discrimination based on age, duty to accommodate, employment law, Federal Court, mandatory retirement, undue hardship

Is mandatory retirement really mandatory?

January 18, 2011 Earl Altman Human Resources, Human Rights

Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on…age.”

Air Canada, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter rights, discrimination, employment law, federally regulated industries, forced retirement, mandatory retirement, normal retirement age, retirement policy