A New Brunswick court has struck down part of the province’s labour law that strips casual workers of basic rights.
- Download the decision text [PDF]
- See also: CUPE declares victory in N.B. casual-worker lawsuit against government
In a decision released today, Justice Paulette Garnett of the New Brunswick Court of Queen’s Bench ruled that the New Brunswick Public Service Labour Relations Act is contrary to section 2(d) of the Charter of Rights which protects the right to freedom of association.
“We are very pleased with this victory. We have casual workers in this province who have been working as ‘casual’ in the public sector for years. Those workers have no rights, earn less and have no benefits,” said CUPE New Brunswick president Daniel Légère.
Justice Garnett said for many years the province, as an employer, has subjected casual workers to practices which can “only be described as unfair.”
The judge is giving the province one year to remedy this situation.
CUPE launched legal proceedings in September 2005 to obtain rights for those workers.
Thousands of temporary or seasonal workers employed by the province could be affected by this decision.
The fight over casual workers has been waged multiple times over the past two decades.