Court Upholds Enforceability of Arbitration Clauses in BC Employment Contracts
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.