Applicant
Respondent
Background:
The Telecommunications Workers Union, United Steelworkers Local Union 1944 sought an interlocutory injunction against TELUS Communications Inc. to stop the company from forcing approximately 1,000 employees to choose between ending their full-time work-from-home status or accepting a voluntary severance package. The union argued that TELUS's actions violated the collective agreement.
Legal Issues:
The union claimed the initiative breached several provisions of the collective agreement, including terms related to discrimination, management rights, and remote work arrangements. TELUS argued that the court was not the proper forum for the injunction, suggesting that the matter should be resolved through arbitration as per the Canada Labour Code.
Court's Analysis:
The court found that there was a serious question to be tried, particularly regarding whether TELUS's actions violated the collective agreement. The court determined that the union had not delayed the grievance process and that the tight deadlines imposed by TELUS justified court intervention.
Conclusion and Costs:
The court granted the injunction on an interim basis, extending it until two months after the appointment of an arbitrator. This allowed time for the arbitration process to address the issues. The court did not specify an award of costs in the judgment, leaving this matter unresolved.
Outcome:
The injunction prevented TELUS from enforcing its election deadline, maintaining the status quo pending arbitration.
Court
Supreme Court of British ColumbiaCase Number
S245097Practice Area
Labour lawAmount
Winner
ApplicantTrial Start Date
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