In other words, in most cases, an employer cannot try to force an employee to settle a dispute as soon as the dispute arises, if there is no existing arbitration agreement. There are also some problems that are not referees, such as for example. B a right to bodily injury. The Tribunal dismissed the complainants` request for arbitration and their request for reconsideration. The applicants appealed, arguing in part that the Court of Justice had wrongly rejected his request for arbitration because of the application of a valid arbitration agreement and the fall in the applicant`s rights under the agreement. The claimant argued that the parties had agreed that the signature of SKEPOA was necessary and that, therefore, the agreement would not be applicable without that signature. A labour agreement entered into as part of an agreement between an employer and an employee to settle disputes that may arise from a confidential and binding procedure known as arbitration and not by the courts. When a staff member agrees to a binding arbitration agreement, all disputes that arise must be heard and decided by an arbitrator and not by a judge or jury. While arbitration proceedings have the potential to reduce costs for businesses due to the deterrence of disputes, employers should also be aware that arbitration proceedings themselves may actually cost more than litigation before the courts.

For this reason, employers should carefully assess the pros and cons of arbitration before entering into a labour agreement. Tillman worked for a retail store that was acquired by Macy`s in 2001. When Macy`s bought the store, it set up its arbitration for the new case. Macy`s arbitration program automatically covered employees with an opt-out form. Shortly after the acquisition of the company, Macy`s sent a package to all employees explaining the process and provided the opt-out form. Tillman denied receiving the package. In 2006, Tillman received mandatory training on arbitration and received a brochure on the same topic. In 2007, Macy`s mailed another brochure. Later this year, Macy`s sent out another package containing the opt-out form. Tillman denied receiving the two 2007 mailings. In this case, a Spanish-speaking employee was working as a home health assistant when she was injured while moving a patient from a bed to a wheelchair.

The company she worked for was not a subscriber to the national workers` compensation program; However, the employer was itself insured and the company provided proof that the worker received nearly $5,000 in compensation for her injuries. The worker filed a negligent lawsuit against her employer. Unlike voluntary arbitration – in which the parties agree to submit to arbitration and not to the courts as a result of a dispute – employees are forced to declare their readiness to arbitrate future disputes. In many cases, if they don`t sign the agreement, they don`t get the job. The employer has full bargaining power and the only way for the worker is to accept the employer`s terms. .

  Posted in: Allgemein