Starbucks wins labour case against Canadian barista who tried to unionize
BC’s Labour Relations Board has sided with Starbucks in the case of an ex-barista who claimed she was fired over her efforts to unionize a Vancouver shop.
Frederique Martineau spoke out last year when the Dunbar shop she worked at was closed just months after she spearheaded efforts to unionize it. She was moved to a non-union shop before she was let go in November 2023.
Martineau believed she was let go because of her unionization efforts, but Starbucks claimed she’d violated company policy. The company accused her of using profanity in the workplace, which is against guidelines.
The United Steelworkers union brought the case before the BC Labour Relations Board, and after a lengthy hearing process, a decision was issued in late April.
Starbucks’ investigation involved looking at written statements from co-workers alleging Martineau used swear words while working in the front of house, which Martineau denied. The decision also noted that employees are generally aware that using profanity in front of customers can result in termination.
“I find the employer has advanced a credible explanation for its decision to terminate Martineau’s employment, free from anti-union animus,” the decision read. “The evidence shows the employer considers using profanity in the front of house to be a serious offence.”
The Labour Relations Board determined Starbucks had a “credible business reason” for the termination and dismissed the union’s application.
Starbucks Canada issued a statement when the decision was released, saying it doesn’t target employees over their union activities.
“No Starbucks partner has been or will be disciplined or separated for supporting, organizing, or otherwise engaging in lawful union activity. Starbucks respects the rights of our partners to freely associate and bargain collectively.”
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