Benefits Canada – Can employers require mandated arbitration in employee disputes?

Google Inc. said last week it will no longer require employees to settle disputes with the company through arbitration.

Can employers require mandated arbitration in employee disputes?

Lior Samfiru is a Canadian Employment Lawyer and partner at Samfiru Tumarkin LLP. He spoke to Benefits Canada about the legalities of an arbitration clause, and Ontario’s stance on the matter following an appeal in his Uber class action case.

“The real question now is whether an agreement like that in Canada will even be legal to begin with, whereas in the States, generally, agreements like that are legal,” says Samfiru. “In Canada, there’s a real question as to whether they are. And a lot of this stems from the very recent Court of Appeal decision in the Uber case where the question before the Court of Appeal in Ontario was whether or not an arbitration clause is enforceable or is it in breach of the Employment Standards Act.”

Read more of his comments in the article posted by Benefits Canada.