In applying these principles, the Tribunal found that nothing in the language of the arbitration agreement contemplated the employer`s signature “as a condition precedent to the application of the agreement”. The fact that Simmons had to sign the arbitration agreement to prove its acknowledgment of receipt was not in itself sufficient to conclude that SKEPOA was required to sign the agreement as proof of its agreement. In the absence of SKEPOA`s signature, the court concluded that SKEPOA nevertheless intended to be bound by the agreement, as the agreement “compelled the parties” to submit to arbitration and SKEPOA designed the agreement at first instance. The Garcia decision is particularly important for employers in today`s ever-changing gig economy: it facilitates the enforcement of arbitration agreements by companies that use the services of personnel companies that have an arbitration program. In addition, the employer should consider developing a system to verify that these signatures are collected, including the signatures of management. Jackson Lewis` lawyers are available to answer questions about this case and how to ensure that arbitration agreements are binding. It is indisputable that Blain agreed to settle his labour disputes as a condition of his employment, the court said. And Blain executed both the job offer and the arbitration agreement before working for PresbiBio. The tribunal upheld the Arbitration Directive and granted the employer`s request to impose arbitration and found that Borraro`s assertion regarding the conclusion of an agreement reflected a “selective and unsustainable reading of documents” that she admitted.
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