Yesterday the Manitoba Court of Appeal delivered disappointing news for thousands of public-sector workers, as it overturned the Court of Queen’s Bench decision on Bill 28 (Public Services Sustainability Act) – the provincial government’s wage freeze law.
The legislation, which was introduced by the PC Government in early 2017, froze the wages of 120,000 public-sector workers for two years and capped increases for another two years at 0.75 and 1 percent. In response, the MGEU got together with 28 other unions to form the Partnership to Defend Public Services (PDPS). Together, the Partnership launched a court challenge of Bill 28 and its heavy-handed approach.
In June of 2020, the Court of Queen’s Bench ruled that Bill 28 was an unconstitutional violation of collective bargaining rights under the Charter of Rights and Freedoms. In her ruling, Justice McKelvey called Bill 28 "draconian."
Unfortunately, the Manitoba government appealed that ruling, and yesterday the Manitoba Court of Appeal overturned the Court of Queen’s Bench decision.
Manitoba’s unions have begun reviewing the Court of Appeal’s ruling in detail, and this morning MGEU President, Michelle Gawronsky, joined with other members of the PDPS and the legal team to discuss the next steps.
Kevin Rebeck, Manitoba Federation of Labour President and PDPS spokesperson, said that the group remains committed to standing up for all workers’ rights to free and fair collective bargaining and is considering all options, “including the real possibility of appealing this to the Supreme Court.”
In an email message sent to members, MGEU President, Michelle Gawronsky, said, “we are working with legal counsel to determine what this means specifically for MGEU members, and we will keep impacted groups updated as we move forward. The fight for our constitutional rights is never-ending, and rarely straightforward. We will continue to fight for fairness on your behalf.”