Foreign worker who paid $25K to land job in Canada awarded $115K by tribunal
A recent case in British Columbia highlights the exploitation faced by temporary foreign workers in Canada. Harminder Singh, a mechanic from India, was promised a job at a truck repair company in Richmond, B.C., but ended up paying $25,000 to secure the position. The B.C. Employment Standards Tribunal has now awarded him $115,574.69 in wages and benefits owed to him by A J Boyal Truck Repair Ltd.
Singh arrived in Canada in March 2018 on a visitor visa and decided to stay. He signed an employment contract with Sarvpreet Boyal, the director of the company, and started working in July 2018. However, he left the job in October 2019 after facing issues with unpaid wages and benefits.
The tribunal found that Boyal and his lawyer were not credible in their submissions, with their evidence being described as obstructive and inconsistent. Singh’s claim of being required to pay $25,000 to secure the job was supported by evidence that Boyal’s records were suspect, with entries in a register being found to be written by a single person.
In the determination, Singh was granted $15,000 of the $25,000 he paid, along with outstanding wages, overtime pay, statutory holiday pay, vacation pay, and accrued interest. A J Boyal Truck Repair was also fined $4,000 for contraventions of the Employment Standards Act.
This case sheds light on the challenges faced by temporary foreign workers in Canada and the importance of upholding fair labor practices. Singh’s successful appeal and the substantial award he received serve as a reminder of the need to protect the rights of all workers, regardless of their immigration status.
