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arbitration clause

By Occasional Contributors | 2 Minutes Read February 25, 2020

The enforceability of arbitration clauses in BC employment contracts

The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ("Uber").

Article by Occasional Contributors / Employee Relations, Employment Standards / arbitration clause, employment contract, employment law, wrongful dismissal, wrongful dismissal claim Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read July 29, 2019

Do all arbitration clauses in employment agreements violate the ESA?

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / arbitration agreement, arbitration clause, Dismissal, employment agreement, employment contract

By Sean Bawden | 5 Minutes Read January 30, 2019

The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

Article by Sean Bawden / Employee Relations, Employment Standards, Payroll / arbitration clause, employment contract, employment law, Heller v Uber Technologies Inc

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