Ted's Blog

Court Upholds Enforceability of Arbitration Clauses in BC Employment Contracts

From Sam Tecle and Jonathan J. Lam of Gowling WLG on Mondaq:

The BC Supreme Court rejected the employee's argument and stayed the action in favour of arbitration. In doing so, the Court noted a distinction between the wording of the respective "minimum standards" provisions of the BC and Ontario ESA. Regarding the BC ESA, the Court stated that "it is not obvious that a statutory complaint/investigative mechanism becomes an employment standard itself rather than a procedure for enforcing employment standards."

There is a conflict between BC and Ontario. The Ontario case is being appealed to the SCC. Though it is only a guess, my sense is the BC position will prevail, at least for SK.