Employer claims workers fired for leaking company secrets
Rockstar Games, the developer behind the Grand Theft Auto franchise, is facing allegations of union-busting after terminating more than 30 employees in Canada and the United Kingdom.
In the United Kingdom, the Independent Workers' Union of Great Britain (IWGB) has formally issued claims of unfair dismissal against Rockstar in the U.K., stating that the company declined to meet with the union.
Among those let go, the union believes three were based in Toronto, though it was not immediately clear if they worked at Rockstar’s Oakville, Ont. studio or another location, according to a CBC report.
“We are confident that what we've seen here is plain and simple union-busting, and we will mount a full legal defence with our expert group of caseworkers, legal officers and barristers,” said Alex Marshall, IWGB president, in a statement to the publication.
“Rockstar has just carried out one of the most blatant and ruthless acts of union busting in the history of the games industry. This flagrant contempt for the law and for the lives of the workers who bring in their billions is an insult to their fans and the global industry.”
All of the affected employees were part of a private trade union chat group and were either union members or attempting to unionise within the company, according to the union.
‘Gross misconduct’, trade secrets
Rockstar Games initially stated the employees were dismissed for “gross misconduct,” according to CBC.
Days later, the company said that the fired workers were leaking company secrets.
“Last week, we took action against a small number of individuals who were found to be distributing and discussing confidential information in a public forum, a violation of our company policies,” a spokesperson told Bloomberg, as cited by the Financial Post. “This was in no way related to people’s right to join a union or engage in union activities.”
The IWGB refuted that claim, saying, “Workers only communicated in private and legally protected trade union channels and did not leak any information publicly,” according to the CBC report
Carolyn Jong, a member of Game Workers Unite Montreal, told CBC News that the situation appeared to be “a pretty clear-cut case of union-busting.” She warned that such actions can have “a chilling effect” on other game developers, discouraging them from exercising their legally protected right to organise. “This is really making the news because it's a large studio, because Grand Theft Auto is such a massive franchise. But this happens at smaller studios, too, all the time,” Jong said.
Previously, one Ontario software developer was tasked to pay over $500,000 for stealing trade secrets and client information.
Union-busting rules in Canada
Ontario's Labour Relations Act outlines the rules for unionized workers in the province. Under the heading "No discharge or discipline following certification," it says:
"If a trade union is certified as the bargaining agent of employees in a bargaining unit, the employer shall not discharge or discipline an employee in that bargaining unit without just cause during the period that begins on the date of certification and ends on the earlier of the date on which a first collective agreement is entered into and the date on which the trade union no longer represents the employees in the bargaining unit."
In addition, it says that no employer "shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of a trade union or was or is exercising any other rights under this Act."
Under the Canada Labour Code, which governs federally regulated workplaces, it is illegal for employers to interfere with the formation, selection, or administration of a union, or to discriminate against employees for union activities. Specifically, Section 94(1) of the Canada Labour Code states: “No employer or person acting on behalf of an employer shall participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union.”
It also prohibits employers from discriminating against employees for being involved in union activities: “No employer or person acting on behalf of an employer shall refuse to employ or to continue to employ any person, or discriminate against any person in regard to employment or any term or condition of employment, because the person is a member of a trade union or is exercising any right under this Part.”
Previously, the British Columbia Labour Relations Board (BCLRB) dismissed Starbucks Coffee Canada’s request to overturn a decision allowing the union representing some of its employees to expand its bargaining unit.
