On December 12, 2006, Bill 211 became effective, abolishing mandatory retirement at age 65 in Ontario. However, there are exceptions. Age can still be a factor if it is a bona fide occupational requirement (BFOR) of the job. And exceptions are made for employee benefits, and workers' compensation benefits, which may (in certain circumstances) be curtailed on the basis of age. Find out the scope of these exceptions, as well as the implications of the abolition of mandatory retirement for the payment of benefits, for early, phased, and deferred retirement, for performance evaluation practices, and for the accommodation of older workers.
The changing legislative landscape: Which jurisdictions have taken which steps to eliminate mandatory retirement? What effect will legislative changes have on existing retirement policies, collective agreement provisions, and performance evaluation practices? Are workers compensation laws with age caps on benefit entitlement likely to withstand challenge under human rights legislation?
Age discrimination and the duty to accommodate: What are the elements of a prima facie case of age discrimination? What sorts of workplace standards and rules have been found to discriminate indirectly on the basis of age? Does the duty to accommodate require employers to treat older employees differently? For which jobs is age a bona fide occupational requirement?
Pensions and benefits: Are age-based differences in pension and employee benefit coverage still permissible? In what circumstances can employers make changes to an existing pension plan? Can employers reduce non-pension benefits provided to retired workers? Can employees retire and still receive a pension if they are rehired? Can unions grieve pension and benefit matters on behalf of retired bargaining unit members? What is the impact of the Income Tax Act on the receipt of pension benefits?
Early, phased and deferred retirement: Can employers unilaterally offer workers voluntary retirement packages, or must these be negotiated with the union? In what circumstances are employers granting employees' requests for early, phased and deferred retirement? Must employees give up seniority and related collective agreement rights if they opt for phased retirement?
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