November 11, 2015
Labour arbitration abounds. Employment arbitration is underdeveloped.
Employers and employees are missing out. Big time. Arbitration certainly has its pros and cons, but in the world of employment law, the pros outweigh the cons.
I am confident that any employment lawyer would prefer litigating their cases before an arbitral tribunal than before a Court due to reasons of procedure. To test this theory, just ask any labour & employment lawyer whether they prefer the arbitration process or the Court process.
Since employment contracts are drafted by employers, we have a question for employer counsel, in house counsel and solicitors:
Where are the employment arbitration clauses?
Here is a sample employment arbitration clause:
“Should any dispute arise out of or in relation to this employment contract, the parties agree to confidential, binding arbitration in accordance with Hassell Arbitration’s rules, available online at: www.hassellarbitration.ca”
“Should any dispute arise out of or in relation to this employment contract, the parties agree to confidential, binding arbitration.”