arbitration

Supreme Court to hear arguments about enforceability of arbitration clauses

June 3, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

arbitration, arbitration clauses, Consumer Protection Act, Heller v Uber Technologies Inc, unconscionable agreement

Defendants’ apologies found not admissible in civil proceedings or pleadings

October 19, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

administrative proceeding, admission of fault, admission of wrongdoing, Apology Act, arbitration, civil matters, civil proceeding, claims of wrongful dismissal, Employee dismissal, employment law, evidence of fault or liability, Insurance coverage, legal liability, Provincial Offences Act

‘Obey now, grieve later’ principle applies to management

March 12, 2015 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Union Relations

In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.

arbitration, collective agreement, Collective Bargaining, grievance, Labour Law, Letter of Understanding, management, obey now grieve later rule, union, work now grieve later obligation

Arbitrator rules employer presentation not discriminatory or anti-union

February 20, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Training and Development, Union Relations, Wages and Compensation

In OPSEU (Brydges et al) and the Ministry of Transportation GSB 2012-1012, Arbitrator Dissanayake dismissed a grievance by a number of Ministry of Transportation employees. The employees alleged that an employer presentation asking them to be happy/content with their wages and benefits and comparing them to poor and starving people in developing countries was both discriminatory under the Ontario Human Rights Code and constituted anti-union discrimination which violated the collective agreement (particularly because of upcoming collective bargaining).

anti-union discrimination, arbitration, bargaining unit, collective agreement, discrimination, grievance, human rights code, Labour Law, membership in the union, Ministry of Transportation, PowerPoint presentation, terms and conditions of employment, union activity, union discrimination, wages and benefits

Update on BC teachers’ strike: historic deal a possibility

September 19, 2014 Christina Catenacci Employee Relations, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

It has been a long road, but the British Columbia Teachers’ Federation and the provincial government have just reached a tentative six-year deal. The union has encouraged its members to accept it.

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Three of the most popular articles this week on HRinfodesk

March 20, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Standard for Employment, Union Relations, Wages and Compensation

Three of the most popular articles this week on HRinfodesk deal with proposed changes to temporary help agencies; Paying persons with disabilities less; and Collective agreement interpretation.

arbitration, collective agreement, discrimination, employment law, hourly wage, HRinfodesk, intellectual disability, legal interpretation, licensing regime, minimum wage, Ontario Human Rights Tribunal, persons with disabilities, temporary help agencies, Trade Union

Ruling on randomized alcohol testing

June 26, 2013 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

Drug and alcohol testing in the workplace, particularly randomized testing, has always been a grey area for employers. When is such testing permissible? When is it deemed reasonable in light of safety concerns? The Supreme Court of Canada has answered some of these questions after their long-awaited decision regarding randomized drug and alcohol testing in the case of Irving Pulp and Paper.

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A very expensive case of bad-faith termination and sick pay fraud

April 30, 2010 Christina Catenacci Employment/Labour Standards, Human Resources

I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…

absence, arbitration, bad faith termination, Canada, collective agreement, disability management, dishonesty, employee fraud, employee surveillance, employment law, evidence, fraud, injury, lie, ontario, sick leave, sick pay, termination, video surveillance, workplace surveillance, wrongful dismissal