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2014/06/27/walmart-canada-supreme-court
Supreme Court Of Canada: Wal-Mart Must Pay For Closing Unionized Store
CP | By Stephanie Marin, The Canadian Press
OTTAWA - The Supreme Court of Canada has ruled in favour of Quebec workers who lost their jobs at a Wal-Mart store in Jonquiere, Que., after it shut its doors suddenly months after its employees unionized.
The court ordered that the workers be compensated.
The country's highest court ruled in a five-to-two decision that the retail giant modified working conditions for the employees without a valid reason when it shut down the store in February 2005.
The ruling ends nearly a decade of legal battles between the corporate giant and the 190 employees who lost their jobs at the Jonquiere location in the province's Saguenay region.
The store never re-opened so it is impossible for the workers to be re-hired. Instead, the court said an arbitrator will determine appropriate reparations, possibly with damages and interest.
Friday's judgment stems from a complaint filed by the union against Wal-Mart that alleged the enterprise had modified working conditions by eliminating their jobs.
The complaint said that contravened Section 59 of the Quebec Labour Code, which states working conditions must not be altered in any way, shape, or form during a unionization process.
An arbitrator had ruled in favour of the union, but that decision was overturned by the Quebec Court of Appeal, leading to a showdown at the high court in December 2013. The Supreme Court agreed with the original arbitrator's ruling.
"It was in fact reasonable to find that a reasonable employer would not close an establishment that 'was performing very well' and whose 'objectives were being met' to such an extent that bonuses were being promised," the ruling reads.
A spokesman for Wal-Mart Canada said Friday the company will consider its options.
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2014/06/27/walmart-canada-supreme-court
Supreme Court Of Canada: Wal-Mart Must Pay For Closing Unionized Store
CP | By Stephanie Marin, The Canadian Press
OTTAWA - The Supreme Court of Canada has ruled in favour of Quebec workers who lost their jobs at a Wal-Mart store in Jonquiere, Que., after it shut its doors suddenly months after its employees unionized.
The court ordered that the workers be compensated.
The country's highest court ruled in a five-to-two decision that the retail giant modified working conditions for the employees without a valid reason when it shut down the store in February 2005.
The ruling ends nearly a decade of legal battles between the corporate giant and the 190 employees who lost their jobs at the Jonquiere location in the province's Saguenay region.
The store never re-opened so it is impossible for the workers to be re-hired. Instead, the court said an arbitrator will determine appropriate reparations, possibly with damages and interest.
Friday's judgment stems from a complaint filed by the union against Wal-Mart that alleged the enterprise had modified working conditions by eliminating their jobs.
The complaint said that contravened Section 59 of the Quebec Labour Code, which states working conditions must not be altered in any way, shape, or form during a unionization process.
An arbitrator had ruled in favour of the union, but that decision was overturned by the Quebec Court of Appeal, leading to a showdown at the high court in December 2013. The Supreme Court agreed with the original arbitrator's ruling.
"It was in fact reasonable to find that a reasonable employer would not close an establishment that 'was performing very well' and whose 'objectives were being met' to such an extent that bonuses were being promised," the ruling reads.
A spokesman for Wal-Mart Canada said Friday the company will consider its options.
<snip>
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