OTTAWA — Excluding front-line supervisors at a Montreal casino from organizing under the Quebec labour-relations regime does not infringe their constitutional rights, the Supreme Court of Canada has ruled.
As part of the petition, the association asked that the exclusion of managerial personnel from the definition of "employee" in the provincial labour code be declared "constitutionally inoperative."The association, which also represents front-line managers at three other Quebec casinos, successfully argued before a tribunal that the definition infringed the freedom of association guaranteed by the Charter of Rights.
Writing for a majority of the high court, Justice Mahmud Jamal identified the appropriate two part-test for deciding whether legislation infringes the Charter provision guaranteeing freedom of association. The second step of the test entails determining whether the legislative exclusion substantially interferes with the protected activities of the association's members.Jamal said the purpose of the exclusion under the provincial labour code was not to interfere with managers' associational rights.— distinguish between management and operations in an organization's hierarchy;
Jamal said the association had also failed to show that the effect of the legislative exclusion is to substantially interfere with its members' rights to meaningful collective bargaining.
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