Uber Mandatory Arbitration Clause Issue Heading to SCC

In a prior post, we discussed the decision of the Ontario Court of Appeal which struck down a clause in a contract between the ride-sharing company and its drivers. This “arbitration clause” required the drivers to submit any dispute to binding arbitration in the Netherlands and hence were denied the right to sue in the […]

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The Right to Unplug

The newly amended Employment Standards Act may have created a context in which an employee may legally be able to disconnect their phone from the demands of the office. There is some precedent for this. European countries such as France passed a law allowing employees to turn off their devices when not officially at work. […]

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Court of Appeal Finds in Favour of Uber Drivers

We reviewed in a prior post how an arbitration clause can be potentially used by a company to require employment disputes be submitted to an arbitrator for determination as opposed to a civil court. One benefit to an employer is that such a clause may prevent class action proceedings. We then noted the case of […]

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Severance Clauses & Demands for a Release

A recent decision of the Ontario Superior Court has again reviewed the wording of the employer’s severance term in an employment agreement.[1] This issue has been discussed in a prior post. Employer Could Not Insist on a Release Apart from the issues which nullified the severance term, the Court interestingly commented upon the employer’s conduct, presuming […]

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