A migrant worker is looking for compensation after the Ontario Labour Relations Board determined that a Hamilton farm breached her rights by letting her go, in a case she hopes will highlight “the challenges faced by vulnerable workers.”
Jiangtao Liu, who hails from China, worked as a mushroom picker at Nebo Mushrooms in Mount Hope, a part of Hamilton, from November 2023 until April 2024, when she was fired after reporting harassment on the job.
In a statement released on Monday, Liu expressed that the language barrier and lack of knowledge about Canadian laws made her “deeply aware of how vulnerable workers can feel when facing workplace problems.”
“No worker should feel powerless, silenced or unsafe at work.”
The board reached its decision in Liu’s case on November 17, nearly 19 months after she lost her job there.
Chris Ramsaroop, an organizer with Justice for Migrant Workers, states that even though the ruling favored Liu, significant improvements are still needed in how migrant workers are treated. (Submitted by Chris Ramsaroop)
An organizer with Justice for Migrant Workers, an advocacy group, noted that last year’s ruling is quite rare for non-unionized workers like Liu.
Describing the decision as progress, Chris Ramsaroop emphasized that much more needs to be done to ensure foreign workers’ rights are protected.
“The decision validates [what Liu] experienced in that workplace,” Ramsaroop mentioned, adding that “larger changes” are necessary.
On Tuesday, Liu testified at a board hearing in Toronto regarding the compensation issue. She discussed how losing her job has affected her immigration plans with her lawyer Emily Keene from the Hamilton Community Legal Clinic.
Before the hearing began, Ramsaroop and other supporters gathered outside the Ministry of Labour to stand with her.
Keene stated they aim to recover wages Liu lost-amounting to at least 110 weeks-and seek damages due to how she was terminated, “arguing that it was in bad faith and demeaning and unduly insensitive.”
Source link
This Case Highlights Problems with Immigration Law
Liu and Nebo Mushrooms were before labour board vice-chair Brian Smeenk. He ruled that the farm violated Section 50 of the Occupational Health and Safety Act (OHSA) when it suspended and dismissed Liu. This section specifies no employer should fire, suspend or discipline a worker for acting under OHSA guidelines. Ramsaroop indicated this situation reveals flaws within immigration laws affecting workers like Liu who aimed to apply for the Agri-Food Pilot. This pilot program ended last year and required applicants inside Canada to have either a job offer or meet educational standards while those outside needed both qualifications. Ramsaroop argued organizations like Justice for Migrant Workers oppose such pilots because they grant excessive power to employers. “[This case] illustrates … concerns about having employers dictate our immigration laws,” he said. “Here’s somebody who attempted to exert their right to address workplace harassment; instead of support they faced termination and lost their chance at applying for permanent residency.”The Farm Claimed It Didn’t Fire Liu
On April 13, 2024, Liu approached one of the farm’s owners expressing she wanted to leave due to ongoing harassment according to details from the labour board’s decision. The two had an extensive discussion where ultimately they agreed Liu wasn’t quitting but wanted to continue working at Nebo Mushrooms. The owner suggested taking some time off while beginning an investigation into her allegations of harassment. Liu completed her shift as usual on that day; however upon returning next morning she was asked by the owner not to return until further notice. From then on she was out of work without pay. An investigation into her claims started on April 15 and concluded two weeks later; Nebo Mushrooms found them “unfounded,” according to their report. A subsequent investigation ordered by the Ministry of Labour arrived at similar conclusions. On April 30th , Liu’s boss requested a meeting days later; however before it could happen she received a letter confirming her resignation. The farm defended itself claiming that Liu took voluntary leave instead of being let go. Nebo Mushrooms declined comment since this matter is ongoing. Smeenk found based on statements from both parties along with audio evidence from their meeting on April 13th , that rather than resigning, Liu had indeed been fired by Nebo Mushrooms then sent home without pay.Source link
