A foreign worker from India has been awarded more than $115,000 by the British Columbia Employment Standards Tribunal following a case involving wage violations and an illegal job recruitment fee.
The worker, Harminder Singh, was employed as a mechanic at A J Boyal Truck Repair Ltd. in Richmond, B.C. He alleged that he had to pay $25,000 to secure the job and later discovered he was being denied wages, vacation pay, and other entitlements under provincial employment law. The tribunal determined that Singh was owed $115,574.69 for unpaid compensation, lost wages, and interest.
Singh came to Canada in March 2018 on a visitor visa and expressed interest in staying. A family connection introduced him to Sarvpreet Boyal, the sole director of A J Boyal Truck Repair, who had a Labour Market Impact Assessment allowing the company to hire temporary foreign workers. Singh signed a job contract, returned briefly to India, and re-entered Canada in July 2018 on a work permit. He worked at the company until October 2019.
Singh claimed he was forced to pay Boyal $25,000 to be hired—$10,000 in cash and $15,000 through cheques issued by his cousin to one of Boyal’s associates. Under B.C.’s Employment Standards Act, it is illegal for employers to request or accept payment from job seekers in exchange for employment.
In her ruling, tribunal delegate Shannon Corregan described Boyal’s testimony as unreliable, citing inconsistencies and contradictions throughout his defense. The tribunal concluded that Singh’s account was more credible, particularly regarding disputes over hours worked and forged timekeeping records. A handwriting expert found that all entries in the company’s time register were likely made by a single person, and Singh’s signatures were not authentic.
Although Singh had paid $25,000 to obtain the position, only $15,000 was factored into the tribunal’s award due to time limitations on recoverable claims. The rest of the compensation included unpaid wages, overtime, statutory holiday pay, vacation pay, service compensation, and accrued interest.
The financial breakdown included:
- Unpaid wages: $24,032.13
- Overtime: $44,256.24
- Statutory holiday pay: $2,505.76
- Vacation pay: $4,585.38
- Length of service compensation: $2,300.42
- Illegal recruitment fee: $15,000
- Interest: $22,894.76
Additionally, the company was fined $4,000 for eight violations of employment standards.
This case was initially ruled on in 2023, when Singh was awarded just over $3,000. However, he appealed, and the matter was sent back for further investigation, resulting in the significantly higher award.
The outcome serves as a warning to employers who exploit foreign workers and as a reminder of the legal protections in place for employees in Canada.
