As we reported
previously, the Federal government is about to join most of the
provinces in making mandatory retirement, for the most part,
unlawful. That deadline is fast approaching - December 15,
2012. What can employers do until December 15,
2012? According to the Canadian Human Rights Commission, very
little.
The Human Rights Commission News Release
Earlier this year, the Canadian Human Rights Commission issued a
news release cautioning employers against using the time leading up
to December 15, 2012 to force employees to retire before they are
ready to. In the news release, Acting Chief Commissioner David
Langtry said that "[t]he transition period should not be
viewed as a license to force aging workers out the door. Forcing
someone to retire because of their age clearly contradicts
Parliament's intent, even if a defence in the law still appears
to be available."