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 Posté le: Mar Oct 01, 2013 6:26 am Sujet du message: Lawsuits highlight risks of running afoul of Canad |
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{Lawsuits highlight risks of running afoul of Canada’s temporary foreign worker regulations}
Glavin Gordon Clements partner Charles Gordon and Kestral Workplace Legal Counsel partner Chris Foy succeeded in convincing Northland Properties to pay a $1.3 million settlement in a temporary foreign workers case|Dominic SchaeferBy Glen KorstromTue Mar 19, 2013 12:01am PSTMultimillion-dollar legal settlements are starting to drive home the importance for employers to follow temporary foreign worker (TFW) program regulations.The latest out-of-court settlement stems from a case involving TFWs who worked for SELI Canada Inc., SNC Lavalin Canada Inc. and SNCP-SELI Joint Venture, the companies responsible for the tunnel portion of the Canada Line project.Glavin Gordon Clements partner Charles Gordon, who represented the TFWs in the case, told Business in Vancouver last week that the various employers finally agreed to an out-of-court settlement in December to pay an undisclosed portion of the $2.4 million that the BC Human Rights Tribunal ordered them to pay in 2008. The employers had appealed the tribunal’s judgment to the BC Supreme Court and then agreed to the settlement before the litigants had a chance to argue the merits of the case in court.“We have not announced this publicly yet,[url=http://www.moncler-sale.org]moncler sale[/url],[url=http://www.moncler-sale.org]moncler sale[/url], but a resolution was reached,” Gordon said. “The workers have been paid.”This revelation follows Gordon’s March 5 announcement that Northland Properties reached an out-of-court settlement earlier this month to end a class action lawsuit and pay 50 temporary foreign workers who were employed at Northland’s 37 Denny’s restaurants a total of more than $1.3 million.Northland will also pay $80,[url=http://www.moncler-sale.org]moncler outlet[/url],000 to charity,[url=http://www.moncler-sale.org]moncler outlet[/url],[url=http://www.moncler-sale.org]moncler down jackets[/url], said Gordon, who worked with Kestral Workplace Legal Counsel LLP partner Chris Foy to secure the agreement.Gordon said Northland’s settlement compensates the workers for:•paying an agency to get work in Canada;•paying their own airfare to come to Canada;•being given fewer than the 40 hours per week they were promised in a contract; and•not being paid sufficient overtime.Paying an agency to get work in Canada is illegal. Employers who sponsor temporary foreign workers are required to pay airfare, uphold contract terms for hours and pay overtime.The litigants appeared in court on March 1 to have Justice Shelley Fitzpatrick approve the settlement.Gordon said Fitzpatrick will release written reasons for approving the settlement later this year. Northland, which also owns Sandman Hotels,[url=http://www.moncler-sale.org]moncler down jackets[/url], Moxie’s Restaurants and Northland Asset Management,[url=http://www.moncler-sale.org]moncler on sale[/url], ranks as B.C.’s 22nd largest company with $657 million in revenue in 2011.Bobby Naicker, who heads Northland’s Denny’s division, did not respond to BIV’s request for an interview by press time,[url=http://www.moncler-sale.org]discount moncler jackets[/url], but he said in a release that he has reviewed his company’s foreign worker recruitment program to ensure that the same “accounting errors” are not repeated in the future. Temporary foreign worker program expands rapidlyCanada’s temporary foreign worker (TFW) program has been in place since 1966, but it has grown so dramatically in recent years that the federal government announced earlier this month it plans to restrict the inflow of low-skilled TFWs while opening the door for more to get permanent status in the country.Canada admitted 190,842 TFWs in 2011, the last year for which statistics are available. That’s a 72.5% jump from 2002.A disproportionately high 24.3% of all Canadian TFWs are based in B.C.The expected federal review of its TFW program follows the controversy surrounding HD Mining hiring 200 Chinese miners to work at a B.C. coal mine. Unions argued that HD Mining didn’t need to hire temporary foreign workers because there were qualified Canadian workers available to fill the positions.Earlier this month, the unions scored a major victory in their battle against the TFWP when the Federal Court approved their request for a judicial review of the program.The review is scheduled to take place April 9 through 11.Tags: law, unions,[url=http://www.moncler-sale.org]moncler on sale[/url],[url=http://www.moncler-sale.org]discount moncler jackets[/url], class action, HD Mining, temporary foreign workers
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