PART 3 - THE 50+ WORKER - Practitioners Press

TABLE OF CONTENTS – PART 3 – THE 50+ WORKER.

INTRODUCTION.
CHAPTER 1—EMPLOYMENT: CONTRACT, TERMINATION-DISMISSAL, NOTICE.
INTRODUCTION.
SECTION 1—EMPLOYMENT CONTRACT: DEFINITIONS, ELEMENTS AND MORE.

Introduction.
Definitions.
Nature of Contract.
Elements: Parties, Consent and Object (Work).
Requirements.
Fourth Element: Consideration (Wages and More).
The Written Contract.
Employer.
Employee.
Conclusion.

SECTION 2—CANADA-WIDE STATUTE REVIEW: LABOUR STANDARDS LAWS.

Introduction.
Federal Government.
Canada.
Provinces.
Alberta.
British Columbia.
Manitoba.
New Brunswick.
Newfoundland.
Northwest Territories.
Nova Scotia.
Ontario.
Prince Edward Island.
Quebec.
Saskatchewan.
Yukon.
Conclusion.

SECTION 3—TERMINATION/DISMISSAL: THE “WHAT, WHYS AND WHEREFORES”.

Introduction.
Definitions.
Employer-Related Causes.
Increasing Redundancy Levels.
Reduce Costs.
Unspoken Reasons (Somewhat Under the Surface).
Employee-Related Causes.
Executives/Officers.
Cases and Fact Patterns (Executive Level).
Canada.
United States.
Europe.
Severance.
Monetary Indemnification.
Cases and Fact Patterns.
Canada.
United States.
Europe.
Wrongful Dismissal.
Case Law on Termination and Notice.
Wrongful Dismissal/Reasonable Notice of Termination/Dismissal
Bad Faith Conduct, Malicious Manner and Meanness in the Manner of
Dismissal, Damages.
Related Issues.
Constructive Dismissal.
Work-Connected Malady.
Common Law Provinces.
Quebec.
Jurisprudence.
Conclusion.

SECTION 4—BRIEFING ON UNEMPLOYMENT AND A BETTER TERMINATION.

Introduction.
Unemployment.
Profile of the Unemployed.
Job Search, Now to Be Faced by The Newly-Fired.
Government and Community Programs and Supports.
Governmental Programs.
Community Organizations.
Other Assistance.
Employee Recourses and Governmental Authorities Having Jurisdiction.
Canada.
Alberta.
British Columbia.
Manitoba.
New Brunswick.
Newfoundland.
Northwest Territories.
Nova Scotia.
Ontario.
Prince Edward Island.
Quebec.
Saskatchewan.
Yukon.
Pre-Firing Methodology and Precautions.
Disengagement Facilitator.
The Gold Disengagement Drill: Preferred Termination Practices.
Termination Conversation.
Conclusion.

CHAPTER 1—CONCLUSION.
APPENDICES.
APPENDIX I—GOLD DEFENSIVE STAFFING PROTOCOL: IMPROVING THE HIRING PROCESS
AND THE SUPERVISION OF PERSONNEL.
APPENDIX II—THE GOLD STANDARD: A COMPANY OF EXCELLENCE.
APPENDIX III—CHECKLIST—GOLD’S EMPLOYEE CODE OF EXCELLENCE.
APPENDIX IV—GOLD’S BIBLE FOR THE WORKING MAN/WOMAN: A GOLDEN
RULES/RECOMMENDATIONS CHECKLIST.
CHAPTER 2—AGE BIAS/DISCRIMINATION IN THE WORKPLACE.
INTRODUCTION.
SECTION 1—CANADA-WIDE STATUTE REVIEW: DISCRIMINATION AND HUMAN RIGHTS LAWS.

Introduction.
Overview of Legislation.
Doctrine.
Federal and Provincial Legislation.
Canada—The Canadian Charter of Rights and Freedoms.
Alberta.
British Columbia.
Manitoba.
New Brunswick.
Newfoundland.
Northwest Territories.
Nova Scotia.
Nunavut.
Ontario.
Prince Edward Island.
Quebec.
Saskatchewan.
Yukon.
Human Rights Organizations.
Conclusion.

SECTION 3—CASE LAW AND DOCTRINE ON MANDATORY RETIREMENT: RETIREMENT AGE
AND THE ROCKY ROAD THROUGH TO 1990.

Introduction.
Forced Retirement is Legal (and Not Finding Age Discrimination).
Forced Retirement—Finding Age Discrimination.
Wrongful Dismissal on Subsequent Imposition of Mandatory.
Retirement Policy.
Related Issue—Retirement Date versus Age.
Conclusion.

SECTION 4—CASE LAW ON MANDATORY RETIREMENT: THE MCKINNEY CASE, A WATERSHED.

Introduction.
The McKinney Case.
Facts.
Judgment.
Analysis.
Conclusion.

SECTION 5—CASE LAW AND DOCTRINE ON AGE BIAS/DISCRIMINATION AND MANDATORY RETIREMENT:
THE AFTERMATH OF THE MCKINNEY CASE.

Introduction.
Pension Plan.
Age Bias/Discrimination Generally.
Not Finding Age Discrimination.
Finding Age Discrimination.
Doctrine—Common Law Provinces.
Hiring (Personal Information): Age
Pension.
Quebec.
International Law 1980+.
Europe.
United States.
Doctrine.
Cases and Fact Patterns (Executive Level).
Conclusion.

SECTION 4—AGING AND THE WORKPLACE: ISSUES, STATISTICS AND MORE.

Introduction.
Definitions.
Age at Work.
Entry-Level (20+).
30-Something.
40-Something.
50+.
60+.
Awareness of the Mature Worker.
Positives.
Negatives.
Older Age Bias: Age Barriers to Employment (Mature).
Employee-Related.
Employer-Related.
Job Market.
Statistics/Expertise on Age Discrimination.
Canada.
United States.
Recommendations.
Conclusion.

CHAPTER 2—CONCLUSION.
APPENDIX I—GOLDEN RULES/RECOMMENDATIONS CHECKLIST:
HOW COMPANIES MAY BETTER ADDRESS AGE BIAS/DISCRIMINATION.
CHAPTER 3—ROAD MAP TO AN EARLY RETIREMENT DECISION:
FORCES FOR AND AGAINST.
INTRODUCTION.
SECTION 1—EMPLOYER REASONS FOR AN EMPLOYEE TAKING EARLY RETIREMENT:
HISTORICAL TRADITION, DECLINING RETIREMENT AGE, ECONOMIC CIRCUMSTANCES,
COUNTERVAILING FORCES AND ALTERNATIVES.

Introduction.
Historical Tradition.
Declining Retirement Age.
Economic Circumstances.
Countervailing Forces.
Alternatives.
Conclusion.

SECTION 2—EMPLOYEE REASONS FOR NOT TAKING EARLY RETIREMENT
(AND CONTINUING TO WORK).

Introduction.
Retirement Factors.
Savings and Revenue.
Improved Health.
Sufficient Education.
Job Options.
Retraining Opportunities.
Affective Forces.
Conclusion.

SECTION 3—EMPLOYEE REASONS FOR TAKING EARLY RETIREMENT.

Introduction.
Changing Attitudes.
Forced Retirement.
Type of Work.
Retirement Age.
Financially Stable.
Health.
New Beginning.
Torment in the Workplace.
Caution (Post-Retirement).
Alternatives: Phased Retirement.
Conclusion.

SECTION 4–(IF CONTINUING TO WORK), REASONS FOR MAINTAINING THE STATUS
QUO OR CHANGING JOBS.

Introduction.
Self-Assessment Test.
Changing Work/Employer.
Reasons/Motives to Stay at the Current Job.
Greying of Canada.
Aging Labour Force in Canada.
Expertise/Commentaries.
Shortage of Younger People (Core-Age) Skilled Workers.
Echo Generation.
GenXers.
Impact of Immigration.
International Examples and Pressure.
Europe.
United States.
Consequences
Employer Remedial Measures.
Conclusion.

PART 3—CONCLUSION.
APPENDIX I—SENIOR FRIENDLY EMPLOYER:

GOLDEN RULES/RECOMMENDATIONS CHECKLIST.
APPENDIX II—DIRECTORY.
APPENDIX III—INDEX.