Quebec’s Court of Appeal reversed a 2023 Superior Court ruling and reinstated an administrative labour tribunal decision involving anti-scab protections during a 2021 lockout.
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Quebec’s Court of Appeal overturned a 2023 ruling by Quebec Superior Court and reinstated a prior decision by the province’s administrative labour tribunal, holding that anti-strike-breaker provisions can apply to remote workers in certain circumstances.
The case involved union Unifor and Groupe CRH, which operated a cement plant north of Montreal, and it concerned the Labour Code’s anti-scab provisions that prevent an employer from using replacement workers for duties normally done by union employees at an establishment where a strike or lockout has been declared.
The labour tribunal sided with Unifor after finding that Groupe CRH violated the provision during a 2021 lockout by using a non-unionized worker who had worked from home.
In 2023, Quebec Superior Court ruled that it was unreasonable to extend the meaning of the word “establishment” to include a worker’s home, but that decision has now been overturned in favour of the original judgment.
The report was first published Nov. 6, 2026.
scope: National
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