MANAGING AN AGING WORKFORCE. William M. LeMay October 9, 2013

Transcription

1 MANAGING AN AGING WORKFORCE William M. LeMay October 9, 2013

2 Agenda The End of Mandatory Retirement Benefits Implications Performance Management Retirement Discussions Retirement Incentives Bona Fide Occupational Requirements

3 The End of Mandatory Retirement Repeal of Age Maximums in OHRC CHRA- has no Age Maximums

4 The End of Mandatory Retirement- Demographics 2008 and the Great Recession An Aging Population Population that Works Longer Work = Meaning

5 Benefit Implications- WSIA WSIA- LOE- 43(1) Age 63 and Over- max 2 years Re-employment- ends at 65- s. 41(7)(c) Constitutional Challenges

6 Benefit Implications- Benefit Plans WSIA Analysis- Limitation in Benefits S. 22- OHRC- can differentiate for benefits S. 25(2.1)- specific to employers Role of ESA Charter Challenge- Chatham-Kent

7 Benefits Implications- Planning Ensure Compliance With Legislation Ensure Clear Understanding of the Rules Ensure Clear Communication of the Rules

8 Potential Concerns with Older Employees Not as productive Costs are Higher Position/Skills are Not a Match Decline in Cognitive Functioning Not a Fit With Current Thinking What to Do?

9 Options for Older Employees Performance Management Retraining/Skills Development Early Retirement Packages Alternative Work Arrangements

10 A typical case: Performance Management and Older Employees Disengaged Employee Making Mistakes Not up to speed on new processes Not willing to change Not Happy With Young Manager What Do You Do?

11 Performance Management- How to Do it Riddell v. IBM Employee Being Performance Managed Supervisor Made Inquiries About Early Retirements Low Performing Employees Offered Packages

12 Performance Management- How to Do it Clear Communication of Expectations Clear Documentation of Expectations Measureable Benchmarks Regular Follow Up

13 Performance Management- Where Issues Arise Clennon v. Toronto General Hospital Performance Problems Identified No Follow Up No Documentation of Discussions Discrimination Found

14 Performance Management- Lessons Part 1- Training and Communication Provide Training on New Duties Communicate Expectations Communicate Performance Management System

15 Performance Management- Lessons Part 2- Implementation Performance Manage regardless of age Follow Written Policies Ensure Linkages Between Performance and Discipline Follow Up on Expectations Document, Document, Document

16 Retraining/Skills Development Byers v. Fiddick s Nursing Home Training Opportunities Provided Fairly May be Appropriate to Not Train in LIMITED circumstances

17 Fisher Retraining/Skills Development Constructive Dismissal Case Employee Close to Retirement Age New Systems Introduced- Training Provided Employee Struggled Court Found Constructive Dismissal

18 Retirement Discussions Deane v. Ontario (Correctional Services) Supervisor Discussed Early Retirement Facilitated Conversations with Retirees Advised Employee that Younger Candidates were Strong Discrimination Found

19 Retirement Discussions It is NOT what you say- it is how you say it! Respectful Communications Assume Everything you say is relied on. Some Examples

20 Alternative Work Arrangements Less Demanding Work Assignments Flexible Scheduling of Work Hours Voluntary Reduction in Work Days/Hours Phased Retirement Unpaid Leaves

21 Retirement Incentives Not Discriminatory Per Se Can be Discriminatory if Misapplied General Incentives Best Clear Communication

22 Bona Fide Occupational Requirements (BFOR's) Competency of Employee Ability to Perform the Work Generally, Case By Case Requires Documentation/Analysis

23 BFOR's- Firefighters Mandatory Retirement Age 60 HRTO- No Obligation to Test on Employer Obligations Rest with Employees Judicial Review Pending