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OK to Include Civil Code Notification Requirements in Collective Agreement

A collective agreement required an auto dealership to provide reasonable notification of termination (not to be confused with notice of termination required under the LSA) as required by Sections 2091 and 2092 of the Québec Civil Code. The union filed a grievance to enforce the clause after the dealership closed up shop and laid off all employees. The Court of Appeal ruled that the clause was freely negotiated and thus enforceable [Syndicat démocratique des employés de garage Saguenay—Lac Saint-Jean c. Munger Pontiac Buick Inc., 2012 QCCA 36 (CanLII), Jan. 11, 2012]....

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