Tim Hortons” Labour Case

In the late 1990s, a number of Tim Hortons servers employed at a Saint John location were fired. They alleged that they were dismissed because they had been secretly attempting to join a union, and their employer found out about their plans. Our client, the employer, had not known about the intention of the workers to join a union and, instead, had fired the individuals for other (definite) reasons. The New Brunswick Labour & Employment Board concluded that the employees had not been dismissed for “anti-union” sentiment, and our client was successful in defeating the claims.

The significance of the Tim Hortons case lies in its illustration of how the anti-union animus concept is applied, and how employers must make decisions based on considerations which do not relate to unionization concerns.