Important Labour Relations Judgment in the Construction Industry

The provisions giving priority to workers living in the region where they are hired on a construction site have been struck down.

The Association de la construction du Québec (ACQ) and the Association des constructeurs de routes et grands travaux du Québec (ACRGTQ) won their case before the Administrative Labour Tribunal. In his August 9, 2019, decision, Judge Raymond Gagnon stated that this rule infringes employees’ freedom to choose their place of residence without affecting their possibility of being hired. Consequently, sections 35 and 38 of the Regulation respecting the hiring and mobility of employees in the construction industry are declared invalid.

Our Labour and Employment Law partner Guy Tremblay and lawyer Marc-André Groulx represented ACQ in this case.

For more information, read the article written by our experts or the ones published on Radio-Canada's website on August 13, 2019, and in Droit-inc on August 15, 2019 [both available in French].