Anti-scab provisions can apply to remote work in some cases, Quebec court says
The province’s top court said the Labour Code can bar replacement workers from home, restoring a tribunal ruling in a lockout dispute.
- On Friday, Quebec's Court of Appeal ruled that anti-strike-breaker provisions apply to remote workers in certain circumstances, clarifying legal protections for employees working outside traditional office settings.
- A 2021 lockout at a Groupe CRH cement plant near Montreal sparked the legal dispute, with union Unifor alleging the employer used a non-unionized remote worker during the labour action.
- Under the Labour Code, employers are prohibited from using replacement workers for duties normally performed by unionized staff at an establishment, a term the court now interprets broadly.
- Overturning a 2023 Quebec Superior Court decision, the Court of Appeal reinstated the tribunal's original finding that a worker's home constitutes an establishment under labour law.
- By rejecting the Superior Court's narrower interpretation, the ruling expands anti-scab protections to encompass modern remote work locations, strengthening union rights in the evolving workplace.
34 Articles
34 Articles
Quebec Court of Appeal: Anti-scab provisions can apply to teleworking
The Quebec Court of Appeal has just ruled that anti-strike-breaking provisions can indeed apply to teleworking in certain circumstances. Three judges of the Court of Appeal have thus overturned a judgment that had been rendered by the Superior Court of Quebec in 2023. The Court of Appeal reinstates the initial decision of the Administrative Labour […]
The anti-strike windbreakers provisions may indeed apply to telework in certain circumstances, has just ruled the Quebec Court of Appeal.
MONTREAL — The anti-breaker strike provisions may indeed apply to telework in certain circumstances, has just ruled the Quebec Court of Appeal. Three judges of the Court of Appeal thus overturn a judgment that had been rendered by the Superior Court of Quebec in 2023. The Court of Appeal reinstated the original decision of [...]
MONTREAL, Nov. 5, 2026 /CNW/ -- Unifor Québec welcomes today's decision of the Quebec Court of Appeal in favour of its local 177 in
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