OTTAWA - The Supreme Court of Canada agreed Thursday to hear appeals from a number of workers who lost their jobs when Wal-Mart Canada closed its unionized store in Saguenay, Que., three years ago.
The court will hear two cases involving five workers -- which are essentially test cases for the other employees.
Andre Dumas, union local president, greeted the decision as "good news for us after years of bad news."
He said most of the workers have long since found other jobs, but there is a principle at stake in the case.
The United Food and Commercial Workers Union won certification at the Wal-Mart outlet in September 2004, but couldn't reach a contract agreement with the retail giant.
The union sought to put the matter to arbitration, but Wal-Mart then announced it was closing the store, putting about 200 people out of work.
The workers then went to a Quebec labour tribunal and argued they had lost their jobs because of their union activities. The provincial labour code bans the firing of workers for joining unions.
Wal-Mart said it was within its rights to close the store, because it was unprofitable.
The labour tribunal dismissed one worker's complaint but allowed a second, separate complaint by four others. That second decision was later thrown out by the Quebec Court of Appeal.
Andre Dumas, president of Local 503, said the labour code guarantee of freedom to unionize doesn't mean much if a company can simply shut down.
"Nobody believes Wal-Mart closed for economic reasons," Dumas said. "Everybody knows it's because the people unionized."
Wal-Mart spokesman Andrew Pelletier said he doesn't know why the court decided to take the case, but said the company is confident it will prevail.
"We are hopeful that the court will rule in favour of Wal-Mart," he said. "Every previous court decision on the matter, decisions from both the Quebec Superior Court as well as the Quebec Court of Appeal, have found in favour of Wal-Mart Canada in this matter . . . and has found that the closure of the Jonquiere store was legal."
As is usual in applications for leave to appeal, the court gave no reasons for its decision. No court dates have been set, although the matter likely won't be heard until early next year.
Wal-Mart is based in Mississauga, Ont., and operates 301 stores and six Sam's Club locations. It has more than 75,000 employees.
