The lack of scruples of content refers to excessively harsh or unjustifiable unilateral results. In Gonzalez v. Hughes Aircraft Employees Federal Credit Union, Gonzalez was hired as a customer service representative. Two months later, Hughes Aircraft asked him to sign a standardized form for labor arbitration. The arbitration agreement required employees to use the company`s internal complaint procedure for all disputes. If the dispute could not be successfully resolved through the appeal process, the employee had 20 business days to notify of a claim to be resolved. The late claims were declared null and void. The agreement limited the discovery to two statements.
Although an employee was required to settle all claims, Hughes Aircraft was allowed to take virtually all employment-related matters to court. Uber Technologies, Inc.c. Heller stems from a class action lawsuit brought by Heller in the Ontario Superior Court. Heller, a driver who offered food delivery services in Toronto using Uber`s apps, claimed Uber was violating applicable labor laws. To be registered with the Uber apps, Heller, like all other drivers in the company, had to agree to Uber`s Terms of Service, which included a dispute resolution clause with an arbitration agreement providing that mediation and arbitration had to be conducted in accordance with the rules of the International Chamber of Commerce (“ICC”) in Amsterdam, the Netherlands, and the application of Dutch law. In a recent decision, the Supreme Court of Canada analyzed and interpreted the validity of an arbitration agreement signed between Uber Technologies Inc. (“Uber”) and one of its drivers. In addition, the court found that the trial court had not abused its discretion by refusing to separate the unscrupulous terms from the arbitration agreement.
Finally, the court found that the trial court did not err in refusing to apply the Manual`s arbitration policy. Ajamian never signed or accepted the provisions of the Manual, and nothing in the employment contract related her to the Manual`s Arbitration Policy. Accordingly, the court upheld the dismissal of the employer`s request for arbitration. When Lena Ajamian joined CantorCO2e, L.P. as an Office Manager, she signed a confirmation that she had read the employer`s policy and procedure manual. .