What is Arbitration?
Arbitration, similarly to mediation, is an alternative dispute resolution process proceeding in which a dispute is resolved by an impartial adjudicator. Most employment arbitrations in Toronto and across Canada occur in the labour relations context, as generally collective agreements contain arbitration agreements.
Arbitration is more similar to a trial than mediation. Parties can call witnesses, and evidence can be taken under oath. In arbitration the parties to the dispute have agreed, or legislation has decreed, that the arbitrator’s decision will be final and binding.
Unique considerations in Labour Arbitration
Labour Arbitrators are not bound by the same rules as courts. They have specialized expertise in labour relations and their own set of case law to assist in their interpretation of agreements between the parties as opposed to applying laws of a general nature.
The outcome of labour arbitration, in many instances, is more difficult to predict than in civil proceedings. Unique situations arise regularly, and arbitrators are not bound to follow previous similar decisions. For this reason, you need expert labour lawyers who have a depth of experience with labour arbitrators and knows how they reach their decisions.
Additionally, unlike many court decisions, arbitration decisions will have lasting impacts on the administration of the collective agreement between your company and the Union. Our labour lawyers will assist you in making long-term strategic decisions in the labour arbitration process that will effectively balance your immediate and long-term business goals.
Arbitration Clauses in Individual Employment Agreements
There is a growing practice for employers, especially large multinational corporations, to include clauses in their employment agreements that require disputes under an employment contract to be settled by binding arbitration. Like in the labour relations context, these can save time and money for employers,
If an employee brings a civil action contrary to an arbitration clause, the action may be stayed and the employee may be required to submit to arbitration.
Trust our labour lawyers to advise you on whether arbitration clauses are right for your workplace. Our labour lawyers will draft an arbitration clause that will be upheld by Canadian courts and ensure the timely and cost-effective resolution of your employment disputes.
Why choose labour lawyers at Levitt LLP?
Our employment lawyers at Levitt LLP are experts in employment law in Toronto, the GTA and across Canada.
Our lawyer labours provide expert representation to management clients in a vast range of industries across Canada. Our labour lawyers have relationships with many of the top labour adjudicators in Toronto, the GTA and across the country, giving us the credibility to effectively represent our clients.
This is an area of law that requires depth of expertise and long-term strategic planning– both of which our labour lawyers are highly equipped to deliver.
Each situation is unique, so talk with one of our labour lawyers in Toronto, the GTA or across Canada to learn about how we can help reduce the HR risks in your organization.
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