Mandatory Retirement of Employers in Canada - Myassignmenthelp.Com

Question: Discuss about the Mandatory Retirement in Canada Should Employers be able to Force Older Employees to Retire. Answer: Thesis statement: In Canada, mandatory retirement was a problem that shook the employment arena before 2010. According to certain senior counsel, once an employee reached 65 years, the employer forced them to resign from the post. However, agitation has been made from all the stages of employment against the process of mandatory retirement of the older employees and certain findings has been made in this report on the validity of the process of mandatory retirement and rights of the employer to force the elder employees to resign from their post. Summary of the legal issues: According to the Human Rights code of Canada, no employees shall be discriminated as against their age. The provision on mandatory retirement has been prohibited by the Ontario Human Rights Code. According to the code, no employer shall force an employee who has reached the age of 65 year to get resigned from the post without showing any reasonable cause. It has also been stated that the employers are required to meet bonafide occupational requirement before terminating an older employee. An initiative regarding the matter has been taken by the Canada Labour Code in the year 2012 where it has been mentioned that if an elder employee can meet all the skills and aptitude requires for the job, he/ she should not be getting terminated from their post. The statement has been supported by the CBC News in their Articles named Mandatory retirement fades in Canada ("Mandatory retirement fades in Canada", 2018). Opposing viewpoints: There are certain opposing viewpoints present regarding the topic. It has been stated by many employers that after the age of 65 years, the working capacity of an employee gets reduced and he could not reach the target of the respective job. Further, there are certain jobs where the physical ability of the employees is the prime factors such as fire fighting and police work. The older employees are facing serious problem at that age and retirement becomes a good option thereby. Self opinion: It can be opined that no employee should be terminated forcefully from their post. If the working criteria need physical power, the weak employees can be asked for resign from the post. However, if the employee could meet the office requirement, he ought not to be terminated by the employer just because he has reached the age of 65 years. According to Alan Belanger (2016), it is important to understand the employment participation by the elder workers before terminated them from the post (Blanger, Carrire Sabourin, 2016). Reference: Blanger, A., Carrire, Y., Sabourin, P. (2016). Understanding employment participation of older workers: The Canadian perspective.Canadian Public Policy,42(1), 94-109. Mandatory retirement fades in Canada. (2018).CBC News. Retrieved 26 February 2018, from https://www.cbc.ca/news/business/mandatory-retirement-fades-in-canada-1.799697