Summary

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Summary

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Labour relations — Human rights — Freedom of association — Jurisdiction and powers — Conditions of employment — Complaint alleging dismissal for union activities — Whether Court of Appeal erred in refusing to consider applicability of s. 59 of Labour Code — Whether Court of Appeal erred in its understanding of Plourde v. Wal-Mart Canada Corp., 2009 SCC 54, [2009] 3 S.C.R. 465, as regards applicability of ss. 15 et seq. of Labour Code, R.S.Q., c. C 27 (“L.C.”), in cases of business closure — Whether Court of Appeal erred in failing to consider that arbitrator responsible for disposing of similar grievance under s. 59 L.C. has broad remedial powers.

In April 2005, the respondent Wal-Mart Canada Corp. (“Wal-Mart”) permanently closed its store in Jonquière. The closure led the applicant United Food and Commercial Workers, Local 503, to institute a number of legal proceedings against Wal-Mart. The central issue was whether the grievance arbitrator had jurisdiction in this case to decide the complaint made by the applicant United Food and Commercial Workers, Local 503 (“the union”), under s. 59 L.C. on the basis of changes made to the employees’ conditions of employment as a result of the closure of the business in question.

Lower Court Rulings