Pollack v. Comité Paritaire du Commerce de Détail à Québec

Pollack v. Comité Paritaire du Commerce de Détail à Québec

The decree's double‑time requirement (paragraph (m)) applies only to Sundays and to days specifically enumerated in paragraph (e); days that an employer optionally closes to 'respect his religion' entitle employees to regular pay but do not by themselves trigger the double‑time obligation, so employees who worked voluntarily on those optional religious closure days are not entitled to double wages under the decree.

Citation
[1946] SCR 343
Parties
Appellant (defendant Below): Maurice Pollack Limitée; Respondent (plaintiff Below): Le Comité Paritaire Du Commerce De Détail à Québec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 March 1946
Procedural Posture
Labour Law – Appeal Under the Collective Agreement Act / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal allowed; action dismissed with costs throughout.
Legal Topics
Collective Agreements, Holiday Pay, Religious Observance, Employer Obligations, Decree Interpretation
Source Language
English
Labour Law Statutory Interpretation Administrative Law Collective Agreements Holiday Pay Religious Observance Employer Obligations Decree Interpretation

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Parties

Maurice Pollack Limitée

Appellant (defendant Below)

Le Comité Paritaire Du Commerce De Détail à Québec

Respondent (plaintiff Below)

Procedural Posture

Labour Law – Appeal Under the Collective Agreement Act / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Whether employees who worked voluntarily on days the employer closed to respect its religion are entitled to double wages under the decree
  2. 2 Whether clause (e)’s phrase 'any other day the employer keeps his establishment closed to respect his religion' brings optional religious closures within clause (m)’s double‑time requirement
  3. 3 Whether a commercial corporation can be said to 'respect his religion' for the purposes of the decree

Ratio Decidendi

The decree's double‑time requirement (paragraph (m)) applies only to Sundays and to days specifically enumerated in paragraph (e); days that an employer optionally closes to 'respect his religion' entitle employees to regular pay but do not by themselves trigger the double‑time obligation, so employees who worked voluntarily on those optional religious closure days are not entitled to double wages under the decree.

Court Disposition

Appeal allowed; action dismissed with costs throughout.

Orders

  • Appeal allowed
  • Action dismissed with costs throughout