The Court of Appeal confirms the right of an employer to continue its operations during a labour dispute

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On September 14, 2011, the Court of Appeal of Quebec rendered a significant decision in the context of the labour dispute which occurred at the Journal de Québec in 2007 2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (Quebec).

Affirming the judgment of the Superior Court, the Court of Appeal noted that an employer may have the work of employees on strike or locked out performed by persons employed by a third person, provided that it is not performed in the establishment (premises) where the work stoppage has been declared.

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