The Supreme Court of Canada has sided with the union representing former Wal-Mart employees who claimed the company violated Quebec labour law when it abruptly closed its store in Jonquière, Que., not long after the workers voted to unionized.
In a 5-2 decision delivered this morning, the court ruled that the 190 employees who were terminated when the store was closed are entitled to compensation.
The Wal-Mart employees in Jonquière were the first in North America to be unionized when they joined the United Food and Commercial Workers Union in 2004.
However, attempts to reach a collective agreement failed.
On Feb, 9, 2005, the contract issue was sent to arbitration, but that same day, Wal-Mart told the workers it was closing the store. The store eventually closed on April 29, 2005, putting approximately 190 employees out of work.
The company said the store wasn't profitable, but appellants said the employer shut it down in response to the labour dispute.
The union's first attempt at legal action against the retail giant failed when, in 2009, the Supreme Court ruled that the workers' freedom of association rights weren't violated when the company decided to close the store.
However, the union filed a new appeal with the Supreme Court in 2013, this time arguing that the company violated a provision of the Quebec labour code by changing the workers' conditions of employment without consent while the terms of the collective agreement was being negotiated.
The court found Wal-Mart did not adequately prove the four-year-old store was in financial difficulty.
Today's ruling states that the Wal-Mart employees could be entitled to compensation beyond the severance pay they received when they were terminated.
Wal-Mart has fought against worker unionization at several other Quebec stores.
In Gatineau, Que., Wal-Mart closed a tire and oil change garage in 2008, only a few months after workers there obtained the first collective agreement in the history of the Arkansas-based company.
In 2010, workers at another Gatineau store won collective agreement in 2010, becoming the only the second group of workers to do so at any Wal-Mart store in North America
A year later, the workers applied to decertify from the union.
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