arbitration clause

Do all arbitration clauses in employment agreements violate the ESA?

July 29, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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:

arbitration agreement, arbitration clause, Dismissal, employment agreement, employment contract

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

January 30, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

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”?

arbitration clause, employment contract, employment law, Heller v Uber Technologies Inc