In a decision on November 25, 2021, the Tribunal Administratif du Travail (TAT) updated the Quebec Labour Code’s definition of “establishment” to account for remote work, which became widespread during the pandemic.
It now considers that the “establishment” extends beyond an employers’ physical location to include any place where a worker performs virtual or other types of remote work. The TAT therefore concluded that anti-scab provisions apply to bargaining unit employees who work remotely. It also underscored that this updated definition extends to union certification and that no interpretation should infringe on remote workers’ right to organize.
Spearheaded by Unifor, this was a major victory for the labour movement. But in a judicial review, the TAT’s decision was overturned by the Superior Court on April 21. The Court of Appeal has since granted Unifor leave to appeal.
This key issue is of particular concern to PSAC-Quebec, which represents many remote workers. We plan to file a motion to intervene before the Court of Appeal to defend this right for our members, in solidarity with the FTQ and other unions. A modern understanding of “establishment” is critical if we want to prevent employers from circumventing anti-scab legislation and protect workers’ freedom of association and constitutional right to strike.
We’ll be sure to update you as this develops.