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Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Right To Close Business: The Supreme Court Of Canada Rules Store Closure Illegal During Statutory Freeze

An employer's right to close down its business for any reason and at any time has always been well established in Canada. However, a recent judgment by the Supreme Court of Canada has dramatically changed the state of the law on this matter.1

After almost a decade of legal proceedings, the highest court in the country held that Wal-Mart violated the Quebec Labour Code (the "Code") when it closed its store in Jonquière during the "freeze" on conditions of employment following the certification of the union. According to the Supreme Court, the store closure constituted an unlawful change in the working conditions within the meaning of section 59 of the Code, giving rise to the award of damages to about 200 employees. The union and the employees of the Jonquière store regarded the decision to close the establishment's doors as a roundabout way of preventing their unionization.

Although the Wal-Mart case falls under the jurisdiction of the Labour Code of Quebec, it might have an impact o...

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