View cases - Stewart McKelvey

Page: 71[271] Dr. Carmichael says that mandatory retirement is an integral part of the overall package ofbenefits and obligations that comprise the employment relationship. This package includes seniorityand deferred compensation systems, whereby employees are able to earn higher wages, receivebetter employment security and opportunities and better pensions over time. Mandatory retirementopens up job opportunities for younger workers, facilitates planning by both employers andemployees, allows for less stringent monitoring of older workers, and allows employees to leave theworkforce with dignity. According to Dr. Carmichael, mandatory retirement is the quid pro quo for2011 FC 120 (CanLII)these benefits, and that the interdependence of mandatory retirement and deferred compensationschemes “is evident from the data”.[272] Insofar as the aging of the population is concerned, Dr. Carmichael says that older workersdo not necessarily have to leave the workforce after being forced to retire from their jobs. Workersmay find alternate employment, and may even be able to continue working for their formeremployer under renegotiated conditions that better reflect the workers’ current productivity.[273] While recognizing that mandatory retirement can have an adverse differential impact onwomen and immigrants, Dr. Carmichael says that good public policy requires that the effects of aninstitution be evaluated for all of the groups affected, and that some balance be maintained.[274] The groups that would benefit most from the abolition of mandatory retirement are olderworkers who have already benefited from the seniority system. According to Dr. Carmichael, thisgroup is predominately made up of men from the baby boom generation, many of whom do not