First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

arbitration clause

By | 2 Minutes Read

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").

By | 2 Minutes Read

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:

By | 5 Minutes Read

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”?

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