Mac's Convenience Stores facing class-action lawsuit from temporary foreign workers

Hundreds of temporary foreign workers have launched a class action lawsuit against Mac's Convenience Stores, claiming they paid more than $8,000 to get jobs in Canada that did not exist.

The notice of claim, filed with the B.C. Supreme Court, alleges that from December2009onwards the workers were recruited in Dubaitowork at Mac's stores in B.C., Alberta, the Northwest Territories and Saskatchewan under the Temporary Foreign Worker Program.

But, the claim says, when the workers arrived in Canada, they foundthe more than 425 jobs they had been contracted to perform the only jobs they were allowed to perform under their TFW permitswere non-existent.

"It's outrageous, it's totally outrageous. It's exploitative and it shouldn't happen in a country like ours. It shouldn't happen,"said one of the lawyers representing the group,CarmelaAllevato.

"It's very sad;their stories areheart-wrenchingand hopefully there'll be justice for them at some point."

Surrey firms also sued

The migrant workers are also suing three immigration firms Overseas Immigration Services, Overseas Career and Consulting Services and Trident Immigration Services allbased in Surrey, B.C.

The firms allegedly charged the workers an illegal $8,000 recruitment fee and made them pay their own transportation to Canada.

"Everybody played a role in it," said Allevato."Overseas was the agency that was used, and Mac's is the employer that didn't deliver."

Under the Temporary Foreign Worker Program, migrant workers are issued a permit strictly linked to theemployment contract offered by their new employer.

If the worker's job role, location, or employer changes, their work permit becomes invalid.

"As a result, the Plaintiffs and Class Members were left without any legal source of incomein Canada," states the notice of claim. "They suffered mental and physical distress, humiliation and loss of selfesteem."

No response from Mac's

Mac's Convenience Stores Ltd., which began as Mac's Milk in 1962, now has about 800 stores across Canada, employing approximately 8,000 people.

The CBC contacted Mac's, but at the time of writing, the firm had declined to comment. News of the lawsuit came the same day thattwo Mac'semployees were killed in separate armed robberies in Edmonton.

Meanwhile, attempts to contactOverseas Immigration Services andOverseas Career and Consulting Services were unsuccessful, areceptionist tellingtheCBC that directorKuldeep Kumar Bansalwas not available for an interview.

At the time of writing, calls toTrident Immigration Services have not been returned.

'Very tragic situation'

Allevato described the temporary foreign workers' situation as intolerable.

"They were at the mercy of the agent," she said. "They couldn't work anywhere else and they were trapped in that."

In one instance, she said, one of the workers was sent to Alberta to work, but was brought to a homeless shelter by border agentsbecause that violated the conditions of his work permit and he had nowhere to go.

"Some of them are still here...They've been homeless, because they can't work....Some of them have gone back to Dubai, some have gone back to the Philippines, others are in Alberta.

"It's a very tragic situation. Very, very tragic."

Allevato says the workers just want to be treated fairly.

"They're entitled to compensation for what they've gone through, as well as for repayment of the money that they put out, which isn't allowed under our law ... We're looking for some justice for these folks."

TFW an 'abusive' program

Allevato said she also believes there are thousands of other workersin the same circumstances, due to the way the Temporary Foreign Worker program is structured.

She hopes the case shines a light on the problem.

"What the stories of these folks illustrate is how abusive the Temporary Foreign Worker Program is," she said.

Really, it's time for the government to remove it," she said.

"If people are good enough to come here to work, they're good enough to live here and have the full protection of all the laws we have here in Canada."

In an email statement,Employment and Social Development CanadaspokeswomanJuliaSullivan saidthe department is actively looking into this situation, but cannot comment on specific cases.

"Temporary foreign workers have all the rights and protections as Canadians under relevant federal/provincial/territorial employment standards and labour laws, and can pursue legal remedies with the employer."

Read the full notice of claim