The case concerning the anti-scab provisions which apply or not to teleworking takes on new proportions, while the Court of Appeal of Quebec has just agreed to hear the arguments on this subject from the Conseil du patronat du Québec, the FTQ and the Public Service Alliance of Canada.
The three large employer and union organizations addressed the Court of Appeal on Tuesday to ask to intervene in this case, which initially affected the Unifor union and the CRH Group, which operates the Joliette cement plant, where a lockout had been declared.
In November 2021, the Administrative Labor Court ruled in favor of Unifor, ruling that the CRH Group had contravened the anti-scab provisions of the Labor Code by using the services of an employee who teleworked during the lockout.
In Quebec, the Labor Code prohibits the use of replacement workers “in the establishment” where a strike or lockout has been declared. But where does the employer’s “establishment” begin and end when an employee works from home?
Last April, the Superior Court overturned this decision.
In turn, the Unifor union wants to challenge the Superior Court’s decision. He applied to the Court of Appeal which, in September, accepted his application for leave to appeal. The case will therefore be heard on the merits.
It is in this context that the FTQ, the AFPC and the Employers’ Council asked to be able to present their arguments in this case. All believe that this cause could have repercussions on thousands of other companies and workers in the event of a strike or lockout.
