Archive | Victoria’s Blog

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“Unsafe Work” and COVID-19

By Victoria Merritt. As COVID-19-related restrictions ease in British Columbia, employers and employees have begun to navigate the process of returning to work. Anxiety around safety in a non-virtual workspace, ongoing family care obligations, increasing economic pressure, and constantly evolving rules make for stormy seas to sail. A number of my colleagues have already shared […]

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Uber’s “Unconscionable” Arbitration Clause Opens Door for Class Action

By Victoria Merritt.  The Supreme Court of Canada has decided that Ontario courts, not a Dutch arbitrator, can hear a potential class action lawsuit against Uber that may determine if its drivers are “employees.” In doing so, the majority affirms the principle of unconscionability, reminding employers that an enforceable employment agreement must be fair and […]

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