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a name="1"> Full and Permanent Immigration Status For All! Migrant Farmworker Wins Important Case at Ontario Labour Relations BoardIn the first case of its kind, Mexican migrant farmworker Luis Gabriel Flores succeeded in his claim that he had been the subject of an unlawful reprisal, the termination of his employment by his employer, Scotlynn Farms. Mr. Flores was fired on June 21. On November 9 the Ontario Labour Relations Board (ORLB) ruled in favour of Mr. Flores and awarded him $25,000 in lost wages and compensation.
Within two weeks of starting work several of Mr. Flores' co-workers started showing COVID-19 symptoms. Their repeated requests for medical attention were ignored. By the end of May about 200 workers at Scotlynn Farms has become infected, including Mr. Flores. Scotlynn Farms has the largest recorded migrant farmworker COVID-19 cases to date. During their quarantine several workers, including Mr. Flores, assisted by the Migrant Workers Alliance for Change (MWAC), spoke with several media outlets about the substandard living conditions and lack of protections for migrant workers, to make the public aware. On June 20 the workers were informed that their colleague Juan Lopez Chaparra, another worker from Mexico, had died of COVID-19. The workers asked why more had not been done to prevent the death and protect all the workers. The following day, June 21, the founder of Scotlynn Farms arrived at the bunkhouse apartment unit where Mr. Flores was living and informed him, in the presence of another worker, that he was fired for speaking to the media and would be sent home to Mexico the next day. With the help of MWAC, Mr. Flores was able to stay in Canada and filed a claim with the OLRB on July 30, claiming unlawful reprisal, a violation of Section 50 of the Occupational Health and Safety Act. Based on evidence and witness testimony, the OLRB ruled in favour of Mr. Flores on November 9 and awarded him $25,000 in lost wages and damages.
Workers' Forum congratulates Luis Gabriel Flores for his courage in defending his rights and the rights of all migrant workers, and MWAC and other activist organizations for their advocacy, and reiterates the demand for Status for All Now! (Photos: J4MW, OFL, PardilesGampoa)
This article was published in Article Link:   Website: www.cpcml.ca Email: editor@cpcml.ca |
Mr. Flores is a
father of two from Mexico. He has been a migrant farm worker in Canada,
coming every year, since 2014. He arrived this year on April 18 in the
midst of the first wave of the COVID-19 pandemic and, along with his
co-workers, was quarantined at a hotel before starting work at Scotlynn
Farms in Norfolk, Ontario. Crowded
and unhealthy living conditions at the farm made it impossible for the
workers to take precautions such as physical distancing, and they were
not provided with personal protective equipment (PPE), proper food and
adequate rest. Scotlynn Farms is a major agribusiness that realized $75
million in revenue in 2019 while migrant workers like Mr.
Flores earn $14.18 an hour and work up to 80 hours a week.
Migrant Workers
Alliance for Change held a press conference outside the Toronto
constituency office of Deputy Prime Minister Chrystia Freeland on
November 12 to announce the decision and repeat the demand for an end
to discrimination against migrant workers who are denied basic rights
and for full immigration status for all migrant
workers. Speaking about his situation, Mr. Flores said "My case is not
the only one and many are far worse. We need a change in the system now
to prevent these injustices -- we need full immigration
status for all now so that we can defend ourselves and get the respect
and equality we deserve." He added that he will continue to fight for
the
rights of all migrant workers to permanent status in Canada. The press
conference was also addressed by John So, Employment Lawyer at Parkdale
Community Legal Services who represented Mr. Flores in his complaint to
the Labour Board, and Syed Hussan, Executive Director of MWAC, who
noted that Mr. Flores' case was just the tip of the
iceberg and denounced the Trudeau Liberal government for being long on
promises and short on action to protect migrant workers. He underscored
that the federal government creates the conditions and is responsible
for enabling the abuse and exploitation of migrant workers by
employers. Migrant rights advocates and migrant workers have
organized actions across the country demanding that the Trudeau
Liberals regularize the status of the more than 1.6 million people who
are in Canada without status, denied basic rights to health care, income
support and other social programs and persecuted if they speak out
about the inhumane working and living conditions that many face.