Anti-scab provisions can apply to remote work in some cases, Quebec court says

MONTRÉAL — Quebec’s highest court has ruled that anti-strike-breaker provisions can apply to remote workers in certain circumstances.

The Court of Appeal has overturned a ruling handed down by Quebec Superior Court in 2023 and reinstated a prior decision by the province’s administrative labour tribunal.

The case pitted union Unifor against Groupe CRH, which operated a cement plant north of Montreal.

The anti-scab provisions of the Labour Code prevent an employer from using replacement workers for duties normally done by union employees at an establishment where a strike or lockout has been declared.