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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
  • Term Of Use & Legal Stuff
    • Disclaimer
    • Copyright
  • Contact Details
  • Book Appointment

The Mediator’s Role re Defect in Pleading – or Minutes

  • Post author:dqh
  • Post published:December 30, 2024

At a recent mediation, it occurred to me that one party had missed an important issue in the case. What then is the duty of the mediator ? This may…

Continue ReadingThe Mediator’s Role re Defect in Pleading – or Minutes

Summary of Exceptional Damage Awards post Honda

  • Post author:dqh
  • Post published:December 16, 2024

Continue ReadingSummary of Exceptional Damage Awards post Honda

When is a Deal not a Deal ?

  • Post author:dqh
  • Post published:December 13, 2024

When is a Deal not a Deal ? Often when concluding a settlement agreement, it is late in the day. The participants are eager to cement the deal and go…

Continue ReadingWhen is a Deal not a Deal ?

Ontario – Requirement of a Companion Action for Human Rights Relief in Civil Proceeding

  • Post author:dqh
  • Post published:December 10, 2024

The Statute As is well known, Ontario amended its legislation effective June 30, 2008 to allow for civil proceedings to seek a remedy under the Human Rights Code where there…

Continue ReadingOntario – Requirement of a Companion Action for Human Rights Relief in Civil Proceeding
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