The dispute surrounded the employee’s termination due to an inability to be physically present at the workplace. The employee filed suit in Rhode Island state court, alleging that the employer failed to provide reasonable accommodations for her known disability. The employer removed the case to federal court and then filed a motion to compel arbitration.
The employee contended that the employment agreement and its arbitration provision ended with the employment relationship, but the court found that the arbitration clause survived the underlying contract. The court found that the language of the agreement “along with common sense” indicated that employment-related disputes, including termination, were governed by the arbitration provision. The court further ruled that whether the employment agreement was still in effect was a matter of contract interpretation that was for the arbitrator to decide….
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From January to December 2020, Daniel Urbas shared one hundred and fifty-five (155) notes on recent Canadian court decisions, highlighting the most current reasoning and practical applications of arbitral rules...
By Daniel UrbasIn this episode of the Arbitration Conversation Amy interviews Mirèze Philippe, Special Counsel at the International Court of Arbitration, International Chamber of Commerce, on gender diversity in arbitration. https://youtu.be/6URk_FvjHX0
By Mirèze Philippe, Amy SchmitzThis article first appeared in Urbas Arbitral, here. In Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture, 2021 BCSC 1136, Madam Justice Shelley C. Fitzpatrick issued a stay of proceedings...
By Daniel Urbas
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