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Employment Law Mediator – David Harris

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  • Mediator Profile
    • Biography
    • Past Practice
    • Past Cases: Some Winners, Some Close
  • Mediation Issues
    • Mediation Preparation and Such
    • Mediation 101 for the Client
    • Sample Med Arb Agreement
    • The Mediator’s Role re Defect in Pleading
    • EI Clawback – Raise It or Not ?
    • Real World Book on Employment Dispute Mediation
    • Scholarly Review of Mediation & Arbitration
  • Negotiating the Deal
    • Tax Issues in Employment Law
    • EI Clawback in Canada: When Benefits Must Be Repaid
    • Is CRA at the Table?
    • Bill C-47
    • Breach of Minutes of Settlement
    • When is a Deal not a Deal ?
    • Settlement Terms Call for Default “Penalty”
  • Privilege, Without Prejudice, Confidentiality Issues and Such
  • Human Rights Remedies
    • The Gatekeeper: Alberta
    • Costs in Alberta Human Rights Cases
    • Reinstatement as a Remedy in Alberta Human Rights
    • Claims for Income Loss
    • Future Income Loss
    • Denial of Opportunity
    • Limiting the Income Loss Claim
    • The Employment Contract & Human Rights
    • Disputing the Employment Contract
    • Mitigation in Human Rights Cases
    • Reinstatement Remedy
    • Phantom Termination in Human Rights Remedy
  • Summary of Alberta Human Rights Damage Awards
  • The Employer’s Duty to Investigate
    • Summary of Damage Awards for Failure to Investigate – August 2025
    • Solicitor Client Retainer & The Investigation
    • Duty of Fairness in Investigations – Canadian Juniors Alleged Sexual Assault
    • Decisive Action by Employer Avoids HR Complaint
  • The Grievance Process & Human Rights Remedies
    • Choice of Forum: Grievance Process vs Human Rights
  • Workers Comp & Human Rights: The Interplay
    • Comparison: Workers’ Comp vs Human Rights
    • Workers’ Comp – Human Rights – Issue Estoppel – Same Question?
    • Splitting the Case
    • Factual Estoppel
    • Return to Work Issues: Workers’ Comp vs Human Rights
  • Suing for Workplace Sexual Harassment – or Human Rights ?
  • Ontario – Requirement of a Companion Action for Human Rights Relief in Civil Proceeding
  • RSU – A review of Wigdor v Facebook
  • Equity Derivative Plans & Wrongful Dismissal – Alberta
  • Must Employer Give Reasons for Termination? Seems So

David Harris

Employment Law and Workplace Human Rights Mediator

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  • What’s New
    • Costs in Alberta Human Rights Cases
    • Ontario Court of Appeal Allows $1.5 Million in Punitive Damages in Disability Claim
    • Tort of Harassment
    • Non-Solicitation Cause Upheld
    • Just Cause in False Expenses of $250 – President of Operations
    • Reasonable Inference & Historically Disadvantaged
    • The Minefield of Aggravated Damages and Workers’ Compensation Plans
    • Tape Recording at Work – Alberta King’s Bench & BCSC
    • Employment Law Claims in Bankruptcy
    • Kickback Scheme – Mareva Injunction and Punitive Damages
    • Canadian Junior Hockey Fiasco
    • Federal Court of Appeal Raises Bar on JR and OK’s Full Costs
  • Covid-19 Related Issues
    • Mandatory Vaccine Policy
    • COVID-19 & Impact on Notice Period
    • CERB Benefits – BCCA & Alb CA
    • Refusal to Wear Mask
    • Doctrine of Frustration due to Vaccine Refusal
    • Employer Vaccine Leave Policy Fair
    • Vaccine Exemption Based on Creed
  • Big Brother Watching
  • Summary of Exceptional Damage Awards post Honda
  • Why Mediation Matters: $300,000 Costs Award for a $16,000 Result
  • Resignation of Mentally Disabled Employee: A Minefield
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Real World Book on Employment Dispute Mediation

  • Post author:dqh
  • Post published:May 9, 2023

Fisher's book on mediation is a must have for practitioners of the art form of employment law dispute settlements. It is available at www.barryfisher.ca.

Continue ReadingReal World Book on Employment Dispute Mediation

Scholarly Review of Mediation & Arbitration

  • Post author:dqh
  • Post published:May 6, 2023

This paper, published in the Alberta Law Review, authored by Nayha Charya, Assistant Professor at the Schulich School of Law, Dalhousie University, provides an excellent review of mediation and arbitration…

Continue ReadingScholarly Review of Mediation & Arbitration
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