On June 27th, the Supreme Court of Canada released a
decision in the Wal-Mart saga that will have a major impact on
employment law in Québec.
Context
In August of 2004, the United Food and Commercial Workers Local
503 (the Union) was certified to represent the employees of a
Wal-Mart store in Jonquière. This store was in fact the
first of the Wal-Mart chain to be certified.
In the months following certification, the parties met on
several occasions to negotiate the terms of the first collective
agreement, but negotiations were unsuccessful. On February 2,
2005, the Union applied to the Minister of Labour seeking the
appointment of an arbitrator.
On April 29, 2005, Wal-Mart permanently closed the
Jonquière store. The employees and the Union brought several
proceedings against their former employer, alleging that the
closing of the Jonquière location was a reprisal to the
"unionization" of its employees.
