Early retirement decision is employee’s only

Early retirement incentives are not discriminatory, though employers can risk age discrimination if employees feel pressured to take them
By Ashley Brown
|Canadian Employment Law Today|Last Updated: 01/22/2013

Managing the old guard

Until a few years ago, employers in Canada were legally permitted to send employees who had reached the age of 65 out to the retirement pasture, whether the employees wanted to retire or not. However, a series of legislative changes in all jurisdictions and concerns about age discrimination have meant employees in most occupations — with a few exceptions where a certain level of physical abilities are required — can work until they’re ready to retire, regardless of their age.

Employers are still free to offer incentives to get older employees to move on, but they’d better be careful not to push the matter, or they could get called onto the human rights carpet for age discrimination.