TELUS Communications Inc. v. Telecommunications Workers Union
TELUS Communications Inc.
Law Firm / Organization
Mathews, Dinsdale & Clark LLP
Lawyer(s)

Paul D. McLean

Telecommunications Workers Union
Law Firm / Organization
Koskie Glavin Gordon LLP
United Steelworkers Local Union 1944
Law Firm / Organization
Koskie Glavin Gordon LLP

Case Overview:
The case involved a labour dispute over workplace changes by TELUS Communications Inc. (TELUS) affecting unionized employees represented by the Telecommunications Workers Union (the Union). TELUS appealed an interlocutory injunction granted to the Union.

Factual Background:
TELUS announced the closure of a Barrie, Ontario call center, consolidating work elsewhere, and changes to its work-from-home program. The Union filed grievances alleging these violated their collective agreement and sought an injunction to halt the changes pending arbitration.

Legal Issues and Rulings:

  1. Jurisdiction: The Court ruled it had jurisdiction under its inherent powers codified in section 39 of the Law and Equity Act, citing a remedial gap in the Canada Labour Code. The Court found arbitration timelines inadequate to address the dispute promptly.

  2. Leave to Appeal: TELUS was not required to seek leave to appeal, as the injunction stemmed from the court’s inherent jurisdiction.

  3. Mootness: Although the injunction had expired after arbitration dismissed the grievances, the Court found the appeal significant to future labour law practice.

Judgment and Costs:
The Court did not award costs or specify monetary awards. The case underscored the role of judicial intervention in collective bargaining under the Canada Labour Code.

Court of Appeals for British Columbia
CA50115
Labour law