The Talent Revolution by Lisa Taylor

Author:Lisa Taylor
Language: eng
Format: epub
Tags: Others
Publisher: University of Toronto Press

Observations from the Field

The employers’ dilemma with this information involves their concerns about constructive dismissal claims. If companies offer roles with lower salary and limited span of control to mature employees, they fear these workers could bring a constructive dismissal claim against them, despite purporting to want this very arrangement. It is a real cause for concern because of the potential financial consequences.

Alon-Shenker (2014) points out that in other human rights areas, employers are required to demonstrate that alternatives were provided, and that discriminatory decisions were not made based on a protected characteristic. In the case of older workers, where the employer believes that age equates to increased cost, would the same test hold? Put another way, if the employer presents only lower-cost positions, how can that employer defend against claims of constructive dismissal?

This myth – the mistaken belief that older workers cost more than younger ones – may well be the single greatest impediment to intergenerational workforces and workplaces that capitalize on our ability to be productive well past the age of sixty-five. Employers are trapped, unable to offer innovative career paths, because these new avenues may actually embody the definition of constructive dismissal.

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