Relying on B.C. Health Services, a union delegate claimed a breach of her Charter right to collective bargaining and freedom of association when the employer would only approve her union leave application on condition that after a year she lose her regular employee status. The Superior Court (Laporte c. Commission des relations du travail, 2009 QCCS 4978 (CanLII)) upheld the Labour Commission’s decision that there was no breach of the Labour Code or the Charter. The Court of Appeal upheld the lower court decision but clarified that the Superior Court’s findings should not be read as meaning that the scope of s. 2(d) of the Charter can never include the right to participate in the union by way of union leave. However, based on the facts in this case, the Court of Appeal agreed that the employer had good reasons to place conditions on the union leave and cited the Supreme Court in Plourde: “It cannot be correct that the Constitution requires that every provision [of the Labour Code] must be interpreted to favour the union and the employees.”
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