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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
    • Employment Insurance Benefits
    • 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
    • Costs in Alberta Human Rights Cases
    • 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
  • Chart 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
  • 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
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EI Clawback – Raise It or Not ?

  • Post author:dqh
  • Post published:May 8, 2025

This is a follow up from my post dealing with the role of the mediator – should they keep quiet or speak up when dealing with an issue that has…

Continue ReadingEI Clawback – Raise It or Not ?

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

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

Mediation Preparation and Such

  • Post author:dqh
  • Post published:April 19, 2023

Many thanks are extended to Barry Fisher, Toronto Mediator & Arbitrator, for his contributions to this chapter. Mediation as a Settlement Vehicle Many years ago, when mediation was suggested as…

Continue ReadingMediation Preparation and Such

Mediation 101 for the Client

  • Post author:dqh
  • Post published:March 28, 2023

Mediation in Employment Matters Mediation has become an effective and popular tool to achieve a settlement of existing and even threatened litigation, particularly in employment law cases going to trial.…

Continue ReadingMediation 101 for the Client
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