- Date
2015-01-30
- Auteurs
Court of Appeal for British Columbia
- Résumé
Certain Mexican workers in a union representing agricultural workers applied to the British Columbia Labour Relations Board to cancel the union’s certification, following a representation vote. The union filed a complaint with the Board, arguing, inter alia, that Mexico had improperly interfered with the representation vote, within the meaning of s. 33(6)(b) of the Labour Relations Code, such that the vote was unlikely to disclose the true wishes of the union employees. Mexico raised a preliminary objection before the Board, arguing that the Board was barred by the doctrine of state immunity, as codified in s. 3(1) of the State Immunity Act, from adjudicating in relation to its conduct and was therefore prohibited from making a finding that it had engaged in “improper interference”. Held: Appeal dismissed. A finding of “improper interference” under s. 33(6)(b) of the Code does not amount to an exercise of jurisdiction over the individual or organization that engaged in improper interference. That individual or organization is neither directly nor indirectly impleaded by such a finding. The doctrine of state immunity therefore does not apply.
- Reporter
United Mexican States v. British Columbia (Labour Relations Board), 2015 BCCA 32
- Fichiers joints
- Liens
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CanLII Link (http://canlii.ca/t/gg44k)
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- Secteurs économiques
Agriculture and horticulture workers et General farm workers
- Groupes cibles
Travailleurs (im)migrants, Chercheurs et Syndicats
- Pertinence géographique
México et Colombie-Britannique
- Sphères d’activité
Agriculture
- Langues
Anglais