In recent years, we have seen a significant change in the
profile of the workforce: more and more retirees are choosing to
return to the labour market or are finding it necessary to do so.
Employers need to be aware of the issues and questions raised by an
aging workforce. Note that the Charter of Human Rights and
Freedoms (the "Charter") provides that an employer
may make distinctions based on age "as provided by law".
The Charter also governs various aspects of the contractual
employment relationship, such as hiring and termination.
At the hiring stage, an employer may not, as a rule, hold an
applicant's age against them. This means that pre-employment
tests to narrow the field of candidates must not discriminate on
the basis of age, unless that distinction is necessary for the
purposes of the employment. For example, only individuals to whom
the employer is considering offering a position must be asked to
take a test.
