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My company is small- 5 employees total and all employees must be physically capable of performing physical outdoor activities as part of their core duties in job description. A few employees are getting older which we don't care about but their age is making them less able to perform their core job functions, especially with some health issues...often that accompany getting older. There is some but limited ability to provide some accommodation which so ltmd not likely an option. At what point is severance not required if a staff person can no longer do their job an the environment of no mandatory retirement age? Note 61-65 yrs and 20 yrs with company in technical position. Ie they can hang on as long as they want...until 90 years old until company pays them severance??? Note not union but company contributes to their response. Or put another way, if an employee refuses to retire they must be paid a couple f years of severance even though they can't do job? Thanks

If an employee cannot preform the functions of their job, then an employer can discipline said employee and at some point may be able to terminate them for cause for failing to preform their duties satisfactorily without providing them with a severance package. However, this is a very perilous decision when dealing with individuals with such long tenure and who are significantly older. Before deciding to do anything, we strongly recommend that you speak to a lawyer to discuss your options and the best course of action.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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