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The Courtroom of Enchantment of Quebec has rejected town of Montreal’s request for depart to attraction in a pay fairness case affecting college students who labored in its canteens and eating places.
Quebec Superior Courtroom had additionally rejected, final October, town’s problem of an Administrative Labour Tribunal ruling.
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The info on the origin of the case date again to 2010, when a pay fairness committee excluded “restaurant college students” from the “restaurant staff” group, on the bottom that they held scholar jobs.
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Montreal’s blue collar union contested the choice, and the Fee des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) concluded that this exclusion didn’t fall inside the exceptions offered for in Quebec’s Pay Fairness Act.
The town in flip challenged the CNESST determination in courtroom, questioning the validity of the work of the pay fairness committee. It additionally criticized the truth that the labour tribunal had not dominated on contradictory proof and had not dominated on the legality of the committee’s work.
The Courtroom of Enchantment Monday rejected town’s request for depart to attraction, writing that “the proposed attraction seems to haven’t any affordable likelihood of success.”
Just like the Superior Courtroom, it concludes that neither the choice of the labour tribunal nor that of the CNESST are tainted by the defects attributed to it by town.
The choice “is quite the opposite sufficiently reasoned and addresses head-on the query the applicant accuses it of not having resolved,” the Courtroom of Enchantment wrote.
“It offers explicitly with the contradictory proof introduced by the events and, though the results of its evaluation will not be in keeping with the applicant’s perspective, it can’t in any case be concluded that the (labour tribunal) failed in its obligation to resolve on principal disputed query,” Choose Marie-France Bich wrote.
As well as, “the case doesn’t elevate any new or controversial query of regulation,” Bich mentioned.
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