Groups calls for better living accommodations for migrant workers
Two temporary foreign workers have sued New Brunswick lobster plant LeBreton Fisheries Inc. over lost wages, wrongful termination, breach of contract and widespread exploitation and mistreatment, according to reports.
Juan Pablo Lerma Lopez and Adriana de Leon Silva say that the company owes them about $7,000 each in contracted wages and are seeking $12,000 in damages after the company abruptly ended their contract early in 2023, according to a CBC report.
The two landed in New Brunswick in April 2023 to work as general labourers in the employer’s processing plant. They had a contract noting that they would have "an average" of 30 hours of work per week over the course of six months, CBC noted, citing a statement of claim against LeBreton shared by Migrant Workers Alliance for Change (MWAC).
The workers expected to be paid a minimum of $12,800, as their hourly wage was $16.50.
However, the workers went through several periods of work interruptions adding up to four weeks before LeBreton terminated their employment before the contracted six months.
"The Plaintiffs were under a tremendous amount of stress," the lawsuit says, according to the CBC report.
"During these interruptions in work the Plaintiffs could not afford to buy food, pay their rent, or send money home to their families, who were relying on them."
The report also noted that LeBreton offered "cash advances" – to be deducted to their next pay – of $250 to Lopez and $100 to de Leon Silva so they could afford food. However, the employer was renting out rooms to employees at a rate of $300 per month.
In the fourth month, the company distributed written notices of termination. The human resources manager at the company "explained to the workers that they needed to sign the document if they wanted their flights home paid for,” reported CBC, citing the lawsuit.
After their termination, Lopez stayed in Canada while de Leon Silva went home to Mexico.
Living conditions for workers
During a press conference on Tuesday, Lopez also explained the living conditions for the workers. Lopez spoke in Spanish and his words were interpreted to English by Niger Saravia, an organizer with Migrant Workers Alliance for Change, according to CBC.
“The housing conditions here are really bad. I lived in a hotel with 35 more workers where a single room was shared by three workers,” said Lopez, according to CTV News.
“There was not adequate ventilation or clothes or food. We were infected by mould due to the humidity. The odours were often unbearable. We only had a small laundry room once a week we could use. So we used to accumulate lots of clothes from our work and that smelled really bad because it’s from the factory.”
A spokesperson for LeBreton declined to comment on the lawsuit when reached by CTV News, according to the report.
Approximately 80 migrant workers, including plaintiffs López and De Leon Silva, were hired through the Federal Temporary Foreign Workers (TFW) program, according to the lawsuit.
Previously, the employer was fined more than $365,000 and has been banned from hiring temporary foreign workers for two years for failing to provide a work environment free of harassment and reprisal.
Improved protections for migrant workers
Now, the MWAC has launched a petition for improved protections for migrant workers in Canada.
“The current migrant worker system, including employer-restricted work permits, employer-controlled housing, lack of permanent resident status, and insufficient labour protections, creates a breeding ground for our exploitation. The Open Work Permit for Vulnerable Workers, intended to offer some protection, has failed to provide adequate changes and support to migrant workers facing abuse,” according to the petition.
The group is calling on the federal government to implement the following changes:
- Permits should be granted for at least 4 years and be renewable
- OWPVW applications must be processed within 5 business days
- Migrants who have lost status or left the country should be able to apply
- IRCC’s rules for processing applications should be made public, and the same rules must apply across Canada
- Approvals must include support to secure housing and employment, as well as access to permanent residency
- Family members of workers with OWPVW must be able to get work and study permits
- Bosses of workers who get OWPVW must be investigated by federal and provincial governments and must be able to prove that no abuse has occurred
- No closed, tied, or sectoral work permits
- Permanent resident status for all migrants must be granted on arrival
Grant migrant workers permanent residency upon their arrival in Canada — that’s the first recommendation of a previous report on how to fix the problems with the country’s TFW program.
