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The Ontario Employment Law Conference is better than ever

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Early Bird Registration Now Open: 16th Annual Employment Law Conference. Come and learn the latest!

 

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Performance management of older workers

Given the increasing number of older employees who are choosing to remain in the workplace and the (near) elimination of mandatory retirement, it is increasingly important for employers to ensure that they are engaging in appropriate performance management of older workers. However, employers must make sure that its performance management is carried out in a way that does not trigger liability for age discrimination.

 

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The older job applicant: Human Rights considerations

The number of workers over the age of 65 has significantly increased in recent years, and a survey by Towers Watson found that one-third of all respondents and 42 percent of older workers have decided to delay retirement. This aging workforce demographic means that not only are there more older workers remaining in their employment, but also that there are many older workers seeking new employment.

 

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Older workers and declining performance

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.

 

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Alzheimer’s disease/dementia in the workplace

Alzheimer’s/dementia is becoming a nationwide epidemic and impacting the workforce more and more every day. “Alzheimer’s not only touches more and more lives every day but also impacts the workplace, especially as older people are postponing retirement and continuing to work into their 70s…”

 

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Quebec’s age-based workers’ compensation rule is discriminatory

A Quebec workers’ compensation tribunal has ruled that reducing injured workers’ income replacement benefits at the retirement age of 65 is unconstitutional because it discriminates on the basis of age, contrary to both the Quebec Charter of Human Rights and Freedoms (section 10) and the Canadian Charter of Rights and Freedoms (section 15).

 

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There’s no need to fear the Accessibility for Ontarians with Disabilities Act

It’s true that Ontario’s businesses will incur extra costs to comply with the Accessibility for Ontarians with Disabilities Act (AODA). It’s true that you will have to change the way you operate, expending more time, money and effort—at least initially. So maybe you’re afraid of that. But consider that most people have no idea what not accommodating disability already costs Ontarians through taxes, health care and social services. The province is betting that the systemic and institutional changes in the AODA will actually reduce the burden on government and business by allowing the many Ontarians with mild to severe disabilities to participate in the labour market and economy.

 

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