A New Brunswick seafood processing company is taking the federal government to court over what it calls an “unjust and disproportionate” penalty related to its treatment of temporary foreign workers.
Bolero Shellfish Processing Inc., based in Saint-Simon, is challenging the Federal Court after being fined $1 million and receiving a 10-year ban from Canada’s temporary foreign worker program — the biggest penalty ever issued by Employment and Social Development Canada.
In the judicial review application, the company denies allegations raised by a former employee and advocacy groups.
In court documents obtained by Global News, Bolero argues the government’s four-year investigation was filled with delays, flawed procedures and assumptions of guilt.
It says the ruling imposed “true penal consequences” without a fair trial or opportunity to properly respond, and that the government’s public announcement has caused “profound” reputational damage.
The initial fine came after worker complaints resulted in an investigation that found Bolero in violation of several temporary foreign worker regulations, including failing to provide workers with the hours and pay guaranteed in their contracts, improper deductions and health insurance gaps.
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Officials also said the company failed to maintain adequate protection against abuse and mistreatment in the workplace.
In a statement, Bolero “categorically rejects” the federal government’s findings, saying they “do not reflect the reality of its practices nor its commitment to the well-being of employees.”
The company claims affected workers were paid for 30 hours per week, even when there was no work, at the company’s expense, and that any payroll issues were administrative errors that have since been corrected.
However, former employee Estefania Montes claims that “the company promised to pay us 30 hours a week if there was no work, which we weren’t paid for. And because of that, they forced us to take out unemployment insurance so we could use that money to pay the rent. And on top of that, expenses kept piling up, and in the end, we ended up owing the company between $2,000 and $9,000.”
Others claimed they were hospitalized after being forced to work through medical emergencies.
Those allegations are similar to ones being made by the Migrant Workers Alliance for Change, claiming there was “documented systematic exploitation” of workers at the plant.
Employment and Social Development Canada said the $1-million fine was issued “because any mistreatment of workers or misuse of the Program will not be tolerated.”
As the matter is now before the Federal Court, Bolero has declined further comment on the proceedings.
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