Alberta companies ordered to repay almost $165K to temporary foreign workers

Two Alberta-based companies are appealing Ontario labour ministry decisions that accidental they charged impermanent overseas workers tens of thousands of dollars to beryllium placed successful retail jobs astatine a Canadian Tire. The companies were ordered to repay astir $165,000. 

Some of the workers were primitively from the Philippines but ended up astatine a Canadian Tire successful Etobicoke, Ont. Though they said they each paid up to $7,900 US to an Alberta institution to get the position, erstwhile they got the jobs, they accidental they were underpaid and poorly treated.

Many of the workers discontinue and recovered jobs successful Atlantic Canada and different provinces astir the country. 

An employment standards serviceman from the Ontario Ministry of Labour conducted an probe pursuing a bid of complaints from workers successful October 2023. The ministry issued repayment orders connected May 14 against Allison Jones Consulting and AJ Immigration Group successful 8 cases. Both companies stock an owner, Allison Jones, and a communal code successful St. Albert, Alta. 

Allison Jones declined an interrogation and told CBC News via email that the companies are appealing the decisions.

"We spot the entreaty process and are committed to a just and close solution based connected a implicit reappraisal of the facts," she wrote. 

One of the workers who received the caller determination was Rowell Pailan, who antecedently shared his communicative with CBC News from his location successful Wolfville, N.S. 

Pailan says helium came to Canada successful 2023 aft being offered a presumption arsenic a banal clerk supervisor astatine an Ontario Canadian Tire. However, paystubs helium showed CBC News indicated that portion helium started being paid astatine the wage successful his contract, his wages were aboriginal reduced, making it challenging for him to wage his bills and supply for his household successful the Philippines. 

He says helium got the presumption aft helium paid the interest to Jones' institution utilizing wealth borrowed from household members.

The Ontario Labour Ministry's employment standards serviceman said Jones should repay Pailan $10,655.52 successful Canadian dollars, the calculated equivalent of the $7,900 US helium paid successful 2022, positive a 10 per cent medication fee. 

"I [was] truthful blessed and teary-eyed, due to the fact that yet I got justice," helium said successful a telephone interview. 

"Maybe they [were] reasoning that they tin bash immoderate they want, due to the fact that we are anxious to travel into Canada," Pailan said, adding that helium wants to nonstop a connection that radical should not "take advantage" of impermanent overseas workers. 

"We didn't person immoderate thought astir the magnitude successful regards to the migration fee, oregon immoderate it is to travel into Canada." 

Companies acted together, determination says

It's amerciable nether national and Ontario instrumentality for a recruiter to complaint a overseas idiosyncratic for a occupation placement; the recruiter is expected to beryllium paid by the employer. 

However, it is ineligible to complaint a interest for migration proposal oregon assistance with migration paperwork. 

In the written determination issued to Pailan and reviewed by CBC News, a lawyer for the 2 companies told the employment standards serviceman that Allison Jones Consulting and AJ Immigration are "separate and independent" companies, each with their ain branding and invoicing.

The lawyer told the serviceman that Allison Jones Consulting charged Canadian Tire for recruiting services, portion AJ Immigration Group was a abstracted entity that provided migration services to the overseas workers and charged them fees for these services. 

This did not person employment standards serviceman Charles Beauparlant, who concluded the fees were not ineligible due to the fact that some companies were related. He recovered they shared "common management" successful the owner, Allison Jones.  

"It does not alteration the information that some businesses functioned arsenic 1 broad and unified business," Beauparlant wrote successful his determination successful Pailan's case.  

Jones' position, according to the lawyer, was that she is the "directing mind" down the recruitment company, but not the different institution arsenic she "does not enactment successful the day-to-day cognition of AJ Immigration."

In her email to CBC News, Jones re-stated her position.

"We respectfully disagree with the findings and with the characterization of these 2 companies — Allison Jones Consulting Services Inc. and AJ Immigration Group Inc. — arsenic a 'unified business,' " she wrote. 

"Each is simply a chiseled ineligible entity, and some support that their respective practices afloat comply with applicable legislation."

Beauparlant recovered that grounds similar worker emails and accusation connected Jones' 2 concern websites showed some companies were sharing employees and that Jones was the "controlling mind" down both. 

He besides noted that Jones was described arsenic the person of some companies successful a condemnation connected the website for Allison Jones Consulting that read: "She has successfully led the companies since inception creating 1 of Canada's starring recruitment agencies and migration consultancies." 

As well, Beauparlant wrote, "having AJ Immigration Group Inc. cod fees done a retainer statement aft each signifier of recruitment demonstrates not lone their engagement but further confirms that AJ Immigration was assisting successful the process of uncovering the claimant employment." 

Pailan antecedently told CBC News that helium had to wage successful 3 stages. 

The serviceman issued identical orders to some of Jones' companies, but the Ontario Labour Ministry told CBC News the intent was that the companies should repay Pailan "jointly," not doubly over.  

The ministry besides fined Allison Jones Consulting $250 for each of the 8 cases, totalling $2,000. 

'An affront to our full system'

Chris Ramsaroop is an teacher astatine the University of Toronto and an organizer with Justice for Migrant Workers, which supported Pailan's case. 

He says it concerns him that workers indispensable beryllium the ones to guarantee the process is followed. 

"There's an anticipation that [the workers] request to travel forward, alternatively than the state oregon the national authorities taking steps to support the interests of workers," helium said. 

"This is an affront to our full strategy — this is disgusting." 

Ramsaroop feels impermanent overseas workers similar Pailan are successful highly susceptible positions, and placing the onus connected them to prosecute the lawsuit to the adjacent level erstwhile determination is an entreaty is simply a precocious burden.

Pailan says helium worries that helium won't get the wealth backmost aft an appeal. 

"That magnitude is not a joke, it's wholly big," helium said, adding that he's trying to repay his relatives who lent him the money.

Ramsaroop noted that impermanent overseas workers are often tied to a azygous occupation by virtuousness of the closed-permit system, which makes their presumption successful Canada vulnerable. 

"These injustices volition proceed arsenic a effect of a strategy wherever we person workers tied to a peculiar employer," helium said. 

WATCH | Why this prof believes closed licence strategy should end: 

Canadian Tire store inactive nether investigation

The Ontario Ministry of Labour confirmed it's besides investigating complaints against the Canadian Tire store wherever the workers were employed, but the lawsuit is inactive open. 

There is simply a abstracted national probe underway by Employment and Social Development Canada into that Canadian Tire, but arsenic of aboriginal June, it wasn't implicit either. 

The store owner, Ezhil Natarajan, antecedently told CBC News helium "vehemently denies" each the allegations against him. 

Canadian Tire Corporation made a argumentation alteration successful the autumn of 2024 to prohibit its stores from utilizing recruiters that complaint fees to impermanent overseas workers. 

The corp said it made the determination unneurotic with its dealers, who ain franchised stores and marque their ain hiring decisions.