De l'articulation de sources en droit du travail au Canada - RDE nº 07-184
Auteur | Legal News |
S'exprimant sur deux affaires similaires, la Cour suprême du Canada s'est penché le 27 janvier 2006 sur le droit des salariés syndiqués à un délai de congé raisonnable. En l'espèce, cessant leur activité, deux sociétés ont envoyé aux salariés un préavis de cessation d'emploi, tel que requis par la loi sur les normes du travail, en l'absence de toute clause sur les préavis dans leurs conventions collectives. Dans les deux affaires, les salariés invoquaient leur droit d'obtenir un délai de congé raisonnable en vertu du code civil du Québec (CCQ). Les juges n'ont pu trancher ces griefs sur le fond, car dans les deux cas, les employeurs ont remis en question la compétence juridictionnelle des arbitres de griefs, au motif que ces derniers ne pouvaient pas disposer de griefs réclamant l'application d'une disposition du CCQ. Par quatre juges contre trois, la Haute juridiction canadienne a considéré que les arbitres en question n'avaient pas la compétence juridictionnelle d'appliquer les dispositions litigieuses du CCQ. Cette...
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