Eight workers from Mexico win wrongful termination case against employer

A group of eight migrant workers from Mexico has been awarded a total of more than $23,000 in lost compensation after they won a wrongful termination case they filed against their employer.

The workers were previously employed by Nova Scotia seafood company Ocean Pride Fisheries (OPF) – a harvester, processor and exporter of sea cucumbers – for multiple seasons. However, their employment came to an end in September 2021.

They claimed that the employer fired them after they raised concerns about their working conditions, according to a CBC report.

"The respondent employees described many hardships that they experienced while working for Ocean Pride including workplace injuries and unfavourable working and living conditions," Jasmine Walsh, chair of the Nova Scotia Labour Board, said in her decision, according to the report.

"These allegations are distressing, and they underscore the need to ensure the regulation of employment standards for vulnerable foreign workers who are in Canada temporarily."

The employer disputed the workers’ claim, saying that the workers had quit.

However, the board did not believe the employer’s statement.

“On Sept. 10, 2021, a series of events occurred after which the eight respondent employees, as well as five others who are not involved in this matter, were no longer employed by Ocean Pride," the decision reads, according to CBC.

"The board is not persuaded, on a balance of probabilities, that the respondent employees resigned."

The workers first filed complaints in September 2021. The director of labour standards ruled in their favour in October 2023, but Ocean Pride appealed that decision in November that same year.

Jules LeBlanc, president of (OPF), said that the employees named in the decision "had never told Ocean Pride Fisheries Ltd. that they had issues or concerns with regards to their employment,” according to CBC.

"In fact, most of the employees were repeat TFW (temporary foreign workers) who had asked OPF to hire their friends and family members," he added.

LeBlanc also raised an issue with how the board came to its decision on the unlawful dismissal case.

"The labour board decided that these employees did not quit but were instead 'fired' because OPF spoke with only the group spokesperson and not with each individual TFW employee," LeBlanc said in the CBC report.

Previously, one Ontario employer lost a  wrongful dismissal case filed against it by a worker who had been employed by the company for nearly three decades.

Investigation found employer ‘compliant’

Walsh’s decision also raised concerns about whether deductions from the workers' wages – including immigration fees, supplies and rent – abided with the Labour Standards Code. It also questioned where the employer maintained the terms of employment for recruiting foreign workers in accordance with the code.

Ocean Pride, however, claimed that pay decisions were "appropriate". Also, the company said they held to the terms and conditions of the employment of the group, though the company "concedes that it was responsible" to cover their travel expenses, CBC reported, citing the decision.

The OPF also said that, in September 2021, an investigation into Ocean Pride's operations was opened. The investigation looked into working conditions, wages and providing an abuse-free workplace, among other areas, and found that the employer was compliant.

"Ocean Pride Fisheries Ltd. treats all employees with the utmost respect," LeBlanc wrote, but with the labour board's ruling, the company now believes that "businesses in Nova Scotia should proceed with utmost caution when considering the costs, benefits, and risks of hiring versus finding automation solutions."

Previously, a trial judge held that a worker who was wrongfully dismissed by an employer, and awarded the worker compensatory and punitive damages totaling $671,765, including interest, as well as partial indemnity costs of $830,761.75, including disbursements and HST.