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Kelowna contractor ordered to pay over $93k in owed wages, penalties

Everlasting Stucco hired three stucco plasterers who allege they were never paid their wages
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A Kelowna contractor who was found to have exploited foreign workers has lost the appeal to overturn the ruling.

Everlasting Stucco and Stone Ltd. argued there were errors in the B.C. Employment Standards Tribunal91裸聊视频檚 ruling that ordered the company to pay a total of $93,148.10, which include owed employee wages and penalties.

In 2018, Everlasting Stucco owner Harkanwaldeep Singh hired three individuals under the Temporary Foreign Workers Program. Fateh Singh, Amarjeet Singh and Rajesh Kumar were all hired as stucco plasterers with a term of 24 months.

According to the Tribunal, Everlasting Stucco stated there were two entities involved in employing the three workers, the sole proprietor Harkanwaldeep Singh and the company itself. Singh allegedly dismissed the three employees, who were then were re-hired by the company Everlasting Stucco. Under the new hire, the three employees91裸聊视频 wages were reduced by $10 an hour, with no overtime and no statutory holiday pay.

Everlasting Stucco said the Tribunal did not make the distinction between these 91裸聊视频渢wo entities91裸聊视频, which was why it launched the appeal.

The company also claimed the employees agreed to the changes to their pay, but the trio said otherwise.

91裸聊视频淭he complainants said they never agreed with the changes but did not complain for fear of jeopardizing their immigration status,91裸聊视频 according to the Tribunal91裸聊视频檚 report. The Tribunal also rejected Everlasting Stucco91裸聊视频檚 claim that there were two entities involved in employing the three individuals.

91裸聊视频淭he (Tribunal) found there was one continuous period of employment for the complainants and91裸聊视频 Everlasting Stucco was the employer of record during the wage recovery period.91裸聊视频

The three were let go from their jobs on June 13, 2019, after which they filed complaints alleging Everlasting Stucco failed to pay them for all hours they worked, overtime, annual vacation and statutory holiday pay.

The company has now been ordered to pay $90,648.10 in owed wages and a penalty of $2,500.

91裸聊视频淭here is simply no factual or legal basis for this ground of appeal, it has no merit and it is dismissed.91裸聊视频

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Twila Amato
Video journalist, Black Press Okanagan
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Twila Amato

About the Author: Twila Amato

Twila was a radio reporter based in northern Vancouver Island. She won the Jack Webster Student Journalism Award while at BCIT and received a degree in ancient and modern Greek history from McGill University.
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