Fired migrant worker seeks compensation after labour board rules Hamilton farm wrongfully fired her

Migrant worker seeks compensation after labour board rules Hamilton farm wrongfully fired her

Ontario labour board ruling a step in right direction, but more needs to be done, advocate says

A migrant worker is seeking compensation after the Ontario Labour Relations Board ruled a Hamilton farm violated her rights by firing her, in a case she hopes will shed light on "the challenges faced by vulnerable workers."

Jiangtao Liu, who's originally from China, worked as a mushroom picker at Nebo Mushrooms in Mount Hope, a community in Hamilton, from November 2023 to April 2024, when she was fired after reporting harassment in the workplace.

In a statement Monday, Liu said the language barrier and limited information about Canadian law 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 made the decision in Liu's case on Nov. 17, some 19 months after she was no longer employed there.

An organizer with Justice for Migrant Workers, an advocacy group, said the board's ruling last year is a rarity for workers like Liu who aren't unionized.

Calling the decision a step in the right direction, Chris Ramsaroop said there's still much more work to do to protect the rights of foreign workers.

"The decision validates [what Liu] experienced in that workplace," said Ramsaroop, adding that "larger changes" need to be made.

On Tuesday, Liu spoke at a board hearing in Toronto that was held to address the compensation issue. She testified about the impact losing her job has had on her immigration pathway, according to her lawyer, Emily Keene, of the Hamilton Community Legal Clinic.

Before the hearing, Ramsaroop and other community members gathered outside the Ministry of Labour to support her.

Keene said they're aiming to get the wages Liu lost, amounting to at least 110 weeks, and seeking damages for the way she was fired, "arguing that it was in bad faith, was demeaning and unduly insensitive."

Case highlights issues with immigration law

Liu and Nebo Mushrooms appeared before labour board vice-chair Brian Smeenk, who said in his ruling that the farm violated Section 50 of the Occupational Health and Safety Act (OHSA) when it suspended and fired Liu.

The section states no employer should fire, suspend, discipline, intimidate or threaten a worker for acting under the OHSA.

Ramsaroop said this case highlights gaps in immigration laws for workers like Liu, whose goal was to apply for the Agri-Food Pilot. The pilot, which ended last year, required workers to have either a job offer or meet educational requirements if applying from within Canada, or have both if applying from outside Canada.

Ramsaroop said organizations like Justice for Migrant Workers have been opposed to pilots like this, arguing they give too much power to employers.

"[This case] illustrates … the concerns about having employers dictate our immigration laws," he said.

"Here's somebody who attempted to exert the right to address workplace harassment, and what happened is that they were terminated and they lost that ability to apply for permanent residency."

On April 13, 2024, Liu approached one of the owners of the farm to tell him she didn't want to continue working there because she was being harassed, according to the labour board's decision.

The two had a long meeting where, in the end, they agreed Liu was not quitting and wanted to continue working at Nebo Mushrooms. The owner offered Liu to take some time off and, in the meantime, he would start an investigation into the allegations of harassment.

Liu finished her shift as usual that day, and when she went back the next morning, the owner asked her to leave and to not return until further notice. Liu was off work with no pay from that day.

The investigation into the harassment allegations started on April 15 and was done two weeks later. The farm concluded the allegations were "unfounded," according to the decision. A followup investigation was also ordered by the Ministry of Labour and concluded the same.

On April 30, Liu's boss asked her to meet a few days later, but before that could happen, she got a letter confirming her resignation.

The farm's defence included saying that Liu took a voluntary leave and she quit of her own volition instead of being terminated.

Nebo Mushrooms declined to comment, as the matter is still ongoing.

But Smeenk found that, based on statements from both parties and an audio recording from the April 13 meeting, that Liu didn't resign, was fired by Nebo Mushrooms and she was sent home without pay.

Aura Carreño Rosas is a reporter at CBC Hamilton. She's originally from Venezuela. She has extensive experience in covering stories about immigrants and migrant workers as well as interesting people with diverse journeys. You can contact her at aura.carreno.rosas@cbc.ca