In a recent June 27, 2014 decision, the Supreme Court of Canada ruled that Wal-Mart Canada Corp. (“Wal-Mart”)  violated Quebec’s Labour Code when it closed down its Jonquière establishment following a successful certification  of its workers by a union.

The Supreme Court held that Wal-Mart’s closure of the Jonquière establishment was a violation of the statutory  freeze provision in the Quebec Labour Code, which precludes an employer from altering the conditions of employment during the negotiation of a collective agreement.

The precise remedy has yet to be decided, and has been sent back to the Arbitrator for determination. Given the  broad range of remedies available to an arbitrator, this case is far from finished.