By: Julius Melnitzer | March 13, 2035
Quebec’s approach to legislation impacting remote workers’ rights holds lessons for the rest of Canada, says Geneviève Beaudin, a Montreal-based partner in Lavery de Billy LLP’s labour and employment law group.
“There have been five cases in Quebec that focus on the meaning of ‘establishment’ [in a remote working arrangement] which is central to labour and employment law throughout Canada on several significant issues, including the applicability of employment standards and labour relations legislation.”
However, this isn’t to say Quebec law is entirely clear about the extent of provincial jurisdiction over remote employees. “What’s not certain from two previous decisions of the Court of Appeal is whether ‘establishment’ boundaries include only the company’s physical premises or whether they extend to the places where employees ‘usually provide their functions.’”
The Quebec Court of Appeal looks poised to decide the question: it has agreed to hear three cases, likely sometime this year, which may well decide the controversy . . . MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or on his website.
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