Rockie wrote:
Yes actually. Any drop in working conditions or pay based solely on age will land this pilot group back in front of the HRTC before you can say WTF?
Who the heck engaged Rocky again? Put up your hand, which one? Back away from the keyboard.
For everyone other than Rockie.
Actually yes we can change working conditions past a specific age. And yes it is already being done elsewhere. Even the latest ruling suggests it in one section, and gives examples in another.
What Rockie won't except is that the latest ruling hinges on exactly what he says can't be done. That being. Finding another way to protect the differed compensation system with
other means than mandatory retirement.
The basic tenants of the Deferred compensation system are:
1)End loading of compensation to target a specific age for the purpose of a larger pension benefit.
2)The responsibility/requirement to pass on the benefit at that specific age. Without this tenant the system implodes. Why? It is simple. If people do not pass on the benefit at a specific point they begin taking someone elses deferred compensation.
So the CHRT says the deferred compensation system can be protected by
other means than mandatory retirement. Therefor using mandatory retirement to protect the system is no longer a reasonable limit under the charter.
Okay. So what would these
other means look like that protect the system? The CHRT doesn't say because it is not part of their jurisdiction. That would be up to the respondents to negotiate.
But now Rockie wants those
other means declared discriminatory as well. What he doesn't realize is that he is actually arguing that the CHRT error in its latest ruling. If there is no
other means to protect the deferred compensation system that are not discriminatory? Then the CHRT, by their own admission, will have erred in believing
other means could protect the system.
So for the sake of everyone sanity stop engaging him. His slant on this is poorly informed and not good for anyone. It raises the blood pressure of those who are junior and helps label the post 60 crowd greedy. For which I have trouble believing, most who want to stay past 60, really want to harm those junior to them.
One of two things are about to happen.
There is the slow route.
-The appeals courts will agree with the CHRT that there are
other means to protect the system, other than mandatory retirement. Therefor mandatory retirement is not a reasonable limit under the charter. The respondents will then be required to negotiate those
other means.
Then there is the very slow route.
-The appeals court will agree with Rockie's view of what is, and what is not, discrimination and state those
other means are discriminatory. Therefor the system can not be protected without mandatory retirement. In this case the latest ruling will be struck, and we will all be sent back to the CHRT to start all over again.