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Record W1920943542

The coalition government and age discrimination

2012· article· en· W1920943542 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of business law · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicDiscrimination and Equality Law
Canadian institutionsnot available
Fundersnot available
KeywordsRepealAge discriminationAppealNoticeStatuteGovernment (linguistics)LawPolitical scienceStatutory lawRetirement ageMandatory retirementPension
DOInot available

Abstract

fetched live from OpenAlex

Beginning in April 2010, a major exception to the age discrimination rubric was removed from the statute book. The default retirement age (DRA) had permitted employers to retire workers at 65, thus driving the proverbial coach and horses through the anti-discrimination principle. The repeal was effective from April 6, 2011, but there was a 6 month transitional period. Such retirements could continue until October 1, 2011, providing that due notice was given before April 6, and that the worker was 65 (or the normal retirement age) before October 1, 2011 (reg.5). This repeal will be welcomed by those approaching retirement age and arguably most in need of protection from age discrimination. The bad news for these workers is that employers may still force them to retire, although this time the employer must defend the retirement using either the standard Genuine Occupational Requirement, or (more likely) objective justification. An interesting aspect to statutory interpretation is absorbed by the objective justification defence. Domestic courts and tribunals have been directed (by the ECJ) to interpret an employer’s defence to age discrimination according to expressed government social policy. There are two twists in this process. First, government policy appears to be fluid. Second, it appears nowadays to be somewhat different from other ECJ and Court of Appeal pronouncements on the subject of compulsory retirement. This leaves courts and tribunals with the task of scouring various government statements for a social policy, and then deciding if it can be reconciled with judicial precedent. Drawing on the extensive legislative background, UK and ECJ case law, and observations from Canada, the United States, and Australia, this article explores and speculates when an employer may succeed in objectively justifying compulsory retirement.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.967
Threshold uncertainty score0.334

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.049
GPT teacher head0.327
Teacher spread0.278 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it