Mandatory retirement

By Peter Israel
|Canadian Employment Law Today

Question:

We currently have a mandatory retirement policy requiring retirement at age 65, as is acceptable according to B.C. human rights legislation. We want to change this so it is not mandatory but rather subject to assessments the person is still capable of performing the job. But what happens if we want the person turning 65 to retire even though he is still physically or mentally capable? (For example, the individual is not a respected manager or the position is being phased out.) What are our obligations to this employee? Do we have to give him severance?

Answer: