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CUPE wins major victory for casual workers' rights

(2009-06-17) 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 Relation Act is contrary to section 2(d) of the Charter of Rights which protects the right to freedom of association

FREDERICTON – Canada’s largest union won a major victory for the rights of New Brunswick casual workers.

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 Relation 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,” explained Daniel Légère, president of CUPE New Brunswick.

Justice Garnett stated that 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.

The Canadian Union of Public Employees (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.


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