HR Domains (Career GPS): Employee Relations, Occupational Health & Safety; Organization Design & Development; Function Management; HR Leadership
Ontario's working population continues to age. Given the elimination of mandatory retirement, human resources practitioners across Ontario must address the reality that workers are working beyond age 65 (out of preference and out of necessity).
This seminar will provide guidance to human resources professionals on key issues in managing an aging workforce. It will review the law on retirement, the obligations to accommodate an aging workforce to the point of undue hardship, the bona fide occupational job requirement and health and safety defenses, performance management of older employees and what, if any impact, the age of an employee should have on the duty to mitigate wrongful dismissal damages.
Topics to be discussed include:
- A review of the law of retirement in Ontario under the Ontario Human Rights Code and what employers can ask and what they should not ask their older employees.
- A review of the duty to accommodate and new areas of accommodation in the workplace that are arising from the obligation to accommodate an aging workforce.
- Defenses to the Duty to Accommodate and aging workforce including the bona fide occupational job requirement and health and safety concerns.
- How do you properly performance manage an older worker?
- What impact should an employee’s age have on the duty to mitigate severance packages and wrongful dismissal claims.
Presenter: Simon Heath, Keyser Mason Ball LLP.
Simon Heath is a member of the Human Resources and Employee Relations Law group at Keyser Mason Ball LLP in Mississauga, Ontario. Simon provides advice and represents union, non-union, private and public sector employers across Ontario. Simon's practice is focused on three key areas: employment law, human rights law and labour relations.
Simon has extensive experience in the dynamic field of human rights and accommodation in the workplace and he routinely advises clients on the importance of these potentially disruptive workplace issues. He also provides support of call kind to corporate lawyers and has extensive experience in preparing independent contractor agreements.