B.C. employer’s testimony 'contradictory on key issues,' says tribunal
A British Columbia tribunal has ordered a Richmond-based truck repair company to pay more than $115,000 to a foreign worker from India who was required to pay $25,000 to secure employment and was subsequently underpaid during his tenure.
The B.C. Employment Standards Tribunal ruled in favour of Harminder Singh, who worked for A J Boyal Truck Repair Ltd. between July 2018 and October 2019.
Singh claimed he paid $25,000 to obtain employment in Canada and was later shorted wages, according to a report by CBC News.
CBC reported that the worker paid $10,000 in cash, while the remaining $15,000 was paid via cheques issued by Singh’s cousin to an associate of the company’s owner, Sarvpreet Boyal.
The tribunal found that this payment directly contravened the Employment Standards Act, which prohibits any employer from demanding or accepting money in exchange for a job offer.
Numerous groups have previously claimed that immigrants looking to land employment in Canada are being asked to pay tens of thousands of dollars by employers who are abusing the Temporary Foreign Worker (TFW) Program.
The B.C. Employment Standards Tribunal also determined that A J Boyal Truck Repair withheld substantial earnings during Singh’s employment. A second review of the case—prompted by a successful appeal of an earlier ruling—revealed multiple labour violations.
In a 70-page decision, tribunal delegate Shannon Corregan found that Boyal and his legal representative, Pir Indar Paul Singh Sahota, were not credible witnesses. She described their conduct as “obstructive” and “unprofessional.”
"Mr. Boyal's testimony was contradictory on key issues. He changed his evidence when faced with the negative implications of his claims. Some of his claims were prima facie unbelievable. Some of his claims contradicted A J Boyal's own documentary evidence," Corregan wrote in the determination, according to CBC.
"I find that Mr. Boyal was not a credible witness. Where his testimony conflicts with Mr. Singh's, I prefer Mr. Singh's testimony," she said.
The compensation awarded to Singh included:
The tribunal did not include the $10,000 cash payment in the final amount because it occurred outside the claimable period.
A J Boyal Truck Repair was also fined $4,000 for eight separate violations of the Employment Standards Act. Singh had initially been awarded just over $3,100 in wages and a $2,000 penalty in 2023. However, he appealed the decision, leading to a more extensive investigation in 2024.
Previously, the British Columbia Supreme Court found that employers could be potentially liable for alleged illegal recruitment fees charged to foreign workers hired under the Canadian TFW Program.
