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.
The Puerto Rico Supreme Court has reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements.
Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.
In a matter of first impression, the Fourth Circuit recently held that appellate waivers in arbitration agreements are enforceable as long as the agreement allows an initial review by the district court.
As employers and employees alike continue to monitor and watch the landscape of alternative dispute resolution as a viable option (or not) in New Jersey, an important federal court decision was recently handed down.
The Ontario Superior Court of Justice has held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour arbitrator has exclusive jurisdiction to resolve it under s.48(1) of the OLRA.
Form U5 defamation cases are on the rise, with a reported 24% increase over the filing period from 2019 to 2020. Firms should take certain proactive steps to fully understand their duties, reduce risk, and avoid costly litigation.
