Anti-scab provisions can apply to remote work in some cases, Quebec court says
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MONTRÉAL – Quebec’s highest court has ruled that anti-strike-breaker provisions can apply to remote workers in certain circumstances.
The Court of Appeal has overturned a ruling handed down by Quebec Superior Court in 2023 and reinstated a prior decision by the province’s administrative labour tribunal.
The case pitted union Unifor against Groupe CRH, which operated a cement plant north of Montreal.
The anti-scab provisions of the Labour Code 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 the union, which had argued the employer had violated the provision by using a non-unionized worker during a 2021 lockout, even though the worker had worked from home.
Quebec Superior Court later ruled 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.
This report by The Canadian Press was first published Nov. 6, 2026.