Company challenges Quebec court decision on anti-scab provisions and teleworking

A woman is working from home in this image. (Pexels)

A Quebec court's decision that anti-scab provisions of the Labour Code apply to teleworking employees is being challenged by a company that disagrees with the ruling.

This comes after FTQ-affiliated union Unifor filed a complaint with the Administrative Labour Tribunal, arguing that replacement workers were being used during a lockout at a Joliette cement plant belonging to CRH Canada Group.

The court ruled last November that replacement work by one of the workers, from his home during the lockout, violated anti-scab provisions as telework constitutes a form of extended establishment of an employer.

CRH Canada Group says it is challenging the ruling on behalf of all employers subject to the Quebec Labour Code.

It is accusing the tribunal of overstepping its jurisdiction and substituting itself for the legislator, by creating a new concept of "deployed establishment" when it comes to telework -- something that is not provided for in the Labour Code.

-- This report by The Canadian Press was first published in French on Jan. 21, 2022.