The employee stated that he did not know that his signature on the confirmation form intended to create a contract, but the court stated that the allegation ignored the words on the face of the receipt. The worker acknowledged that the manual was the conditions of his employment and the worker expressly agreed that he was bound by his provisions. The language of receipt and recognition of the November 2017 manual was identical to that which corresponds to the employee in the recognition of the original manual. Both documents indicated that the employee confirmed receipt of the personnel manual, which defines the company`s terms of employment. They also found that the worker agreed that it was his responsibility to read all the provisions of the book and that the provisions were binding. The court rejected the employer`s request to force arbitration. Normally, a party`s failure to read a contract before signing shows a lack of due diligence. But the court stated that the evidence does not support the lack of due diligence on the part of the employee, because the employee receipt and recognition form did not mention that the manual now contained an arbitration agreement. The LawCareers.Net 2021 manual is available free of charge in October 2020 or January 2021 through university career centres and law schools and can be ordered online from your MyLCN account until Friday, November 13, 2020. The employee did not dispute the authenticity of his signature on the November 2017 Personnel Manual Confirmation page, although he did not remember signing it. Therefore, the evidence showed that he received the manual, despite his assertions to the contrary.
Upon recruitment, the employee received a copy of the company`s personnel manual. At that time, the manual did not have a compromise clause. Staff signed a „declaration of receipt and recognition“ of this manual. The employer appealed and the Court of Appeal set aside the court`s decision because the arbitration agreement contained in the manual was binding and the employee was ordered to go to arbitration. An employee who signed a confirmation that he had received the company`s personnel manual accepted an arbitration agreement that appears in the manual, a California appeals court ruled. The recognition provided that the worker was bound by the provisions of the manual and that it was up to him to read all his provisions and become familiar with him. According to the court, the employer has no obligation to bring the arbitration agreement to the employee`s attention. In November 2018, the employer filed a request for forced conciliation and the employee stated that he had not agreed to act as a mediator. He stated that he had never received a copy of the revised manual. Even if he had received a copy, he would never have known that the employer had introduced a compromise clause because the employer had not informed him of the manner in which the manual had been amended. In November 2017, a human resources consultant working for the employer distributed copies of a revised staff manual to all employees.
The employee signed the „Reception and Recognition“ page (the last page of the manual) and returned it to the human resources advisor on November 7, 2017. The revised manual contained a provision stipulating a „quick, final and binding“ out-of-court arbitration procedure to resolve all labour disputes. Professional Indicator: Often, a personnel manual contains a disclaimer that the manual is not a contract. If an arbitration agreement is in a manual with such a disclaimer, it is unlikely that a court will consider the arbitration agreement to be binding.