At least Canada has some precedent of courts ruling against this sort of thing. Most of the precedent I’ve found related to the Quebec Labour Code, so it might not be the same with Nova Scotia, but the jist of how the Supreme Court has ruled is: Employers have a right to cease operations, but if that happens in the “prohibited period” when union negotiations are ongoing, that violates the right of association, and the employees can be entitled to damages.
I don’t know how the facts of this case will line up with NS law, but I would think that given that there’s a Charter right underpinning these ideas that they probably have some kind of case here. The burden of proof will possibly be on Ubisoft to show that it was a “normal” decision, based on my quick reading of some of the precedent.
At least Canada has some precedent of courts ruling against this sort of thing. Most of the precedent I’ve found related to the Quebec Labour Code, so it might not be the same with Nova Scotia, but the jist of how the Supreme Court has ruled is: Employers have a right to cease operations, but if that happens in the “prohibited period” when union negotiations are ongoing, that violates the right of association, and the employees can be entitled to damages.
I don’t know how the facts of this case will line up with NS law, but I would think that given that there’s a Charter right underpinning these ideas that they probably have some kind of case here. The burden of proof will possibly be on Ubisoft to show that it was a “normal” decision, based on my quick reading of some of the precedent.