SURREY’S Satya Asha Veggie Food World restaurant has been ordered by the B.C. Employment Standards Tribunal to pay a temporary foreign worker, Brijesh Mohan, $35,702.43 ($32,702.43 plus administrative penalties of $3,000) together with any interest that has accrued in unpaid wages.
According to “The Facts’ in the tribunal’s ruling, Mohan, who was brought to Canada by Right Choice Products Inc. (RCP) carrying on business as Satya Asha Veggie Food World as a temporary foreign worker as a tandoori cook, worked for RCP from November 9, 2016, to February 16, 2017, when he resigned.
Mohan filed a complaint with B.C.’s Employment Standards Branch under the ESA [Employment Standards Act] alleging that RCP had contravened the act by failing to pay regular and overtime wages, statutory holiday pay and annual vacation pay.
The Director of Employment Standards made several finds of fact: “that Mr. Mohan worked 12 hours a day, 6 days a week, commencing November 9, 2016, and ending, and ending, but not including, February 16, 2017; that Mr. Mohan was not paid for all regular hours worked; that Mr. Mohan worked four hours of overtime every Tuesday through Saturday for which he received no overtime pay; that Mr. Mohan qualified for and worked three statutory holidays for which he was not paid in the manner required under the ESA; that Mr. Mohan was owed 4% annual vacation pay on wages found owing to him; that Mr. Mohan voluntarily resigned employment on February 16, 2017, and was not owed compensation for length of service; and that RCP contravened section 8 of the ESA, misrepresenting wages and hours of work in order to induce Mr. Mohan to accept employment with them resulting in compensable losses to Mr. Mohan.”
The restaurant appealed the decision, claiming, among other things, that B.C.’s Employment Standards Branch erred in law by failing to consider relevant evidence and making erroneous findings of fact.
David B. Stevenson, Member, Employment Standards Tribunal, dismissed the appeal last May, saying that “this appeal has no reasonable prospect of succeeding.” He added: “The purposes and objects of the ESA are not served by requiring the other parties to respond to it.”
When The VOICE called the restaurant and asked to speak to restaurant director Shailendra Bitton, the woman who answered the phone said: “He’s not interested to talk to anybody. Sorry.”
You can read the full ruling at:
http://www.bcest.bc.ca/decisions/2018/2018%20bcest%2056.pdf
