The Human Rights Tribunal of Ontario recently addressed whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether it had concurrent jurisdiction over employment-related matters.
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.
An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.
This week brings a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the White House.
An Ontario arbitrator recently dismissed a union’s policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement.