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Case

Garibay v. Maris Properties Ltd.

Date

2015

Abstract

The plaintiff is a citizen of the Philippines who was brought to Canada by the defendants under an agreement that the defendants executed with the Foreign Worker Recruitment Branch of the Government of Canada. The agreement was executed in August of 2007 in Edmonton, Alberta. The agreement expressly
provides that employment is for 24 months, for eight hours per day and forty hours per week. The agreement and approval also expressly provides pay not less than $17.00 per hour.

It appears that Mr. Garibay was brought to Edmonton and upon his arrival there, was promptly moved to Moose Jaw, to manage certain properties within Moose Jaw. Effective February 1, 2009, the plaintiff was required to execute a further contract with the defendants. This contract provided that he would be paid $12.00 per hour.

Court name

Saskatchewan Provincial Court

Notes

para 7

"Very unfourtunately and with great reluctance, I am required to conclude that the subject matter of this lawsuit is res judicata, and required to dismiss the plaintiff`s claim

In my view, this case is a microcosm of everything that is wrong with the Foreign Worker's Program and all of the criticism of that program made by labour and immigration groups. As I understand the situation, those groups were critical of the Foreign worker`s Program because it allowed Canadian salaried to be undercut by bringing in foreign workers and employing them at a greatly deduced rate. In addition, it allowed for the abuse of the foreign workers by the unilateral reduction of their wages, once brought to this country and the lack of any supervision and enforcement mechanism. "

File Attachments

Keywords

wage reduction

Economic sectors

Agriculture and horticulture workers

Geographical focuses

National relevance

Languages

English