Treatment of Migrant Workers in Ontario

Published:
by Kiri Vadivelu | 4 min. read labour

The Occupational Health and Safety body along with Labour Relations Board is inadequate to protect employees from workplace violence or even deaths at the hands of employers in Ontario

My employment experience exposes the systematic flaws that needed to make employees of my kind safer at work places. The Ontario Occupational Health and Safety body along with Labour Relations Board is inadequate to protect employees from workplace violence. The notion of expectation that Union is to protect employees from bullying, harassment and discrimination is only as good as any April fool pranks.

Province of Ontario, 2022
Province of Ontario, 2022 | © Kiri Vadivelu

I have been employed with Securitas Canada at 155 Consumer Road, North York since June 2010 as a full time Mobile Security officer in the Toronto East Mobile Services Branch. During the pandemic in April 2020, Securitas Canada terminated my 10 years of services without any benefits after filing health and safety complaint. On termination, company provided record of employment stating that I quit. The stated reason “Quit” was false because I did not quit my job voluntarily. I was unable to continue working due to ongoing harassment in the midst of COVID and as a result of the injury occurred on Sunday, April 5, 2020.

Supervisor Radko Radkov attended work site and caused the injury; which resulted in my psychological inability to continue working safely. Thus, I returned home immediately after reporting to Supervisor Lito Jacla. Mr.Radkov held the title of supervisor on the day of incident and still employed with the company. In prior to the incident, I filed a harassment complaint against Radkov that company and Union acknowledged; however, did not take appropriate measures to prevent retaliation. Marc Eskander, the branch manager was informed about the incident and took no action. Assistant to CEO John Campbell acknowledged the complaint without intervention.

Another harassment complaint was registered with Local 5296 of United Steelworkers Union USW. Mr.Chow See Kwong investigated the Occupational health and safety OHS complaint, acknowledged the nature of harassment; however, was unable to provide any remedy or restore my employment. Subsequently, reprisal complaint was registered with Labour Relations Board OLRB that delayed due to COVID; hearing was not scheduled till June 2021. Eventually, Labour Relations Board and the Union attended the hearing where the case was dismissed without resolution. An appeal was filed and again struck down by the same board member Derek L. Rogers who first dismissed the case.

Mr.Rogers did not consider any facts I presented, exploited the lack of legal representation and refused to order reinstatement of my job or any assistance to recover from sustained injury. While sitting as a board member on public payroll to judge reprisal cases, Mr. Rogers operate a private firm that provide consultation services to employers to reduce liabilities from employee lawsuits. To characterize the work of Mr.Rogers as gross moral and ethical violation of public interest would be an understatement.

Application to Occupational Health and Safety, Labour Relations Board, Human Rights Tribunal, material evidences and their decisions are available upon request.

My employment experience exposes the systematic flaws that needed to make employees of my kind safer at work places. The Ontario Occupational Health and Safety body along with Labour Relations Board is inadequate to protect employees from workplace violence. The notion of expectation that Union is to protect employees from bullying, harassment and discrimination is only as good as any April fool pranks.

Through my suffering, the wisdom guides me to believe that my race and political preferences may be the motivational factors for the lack of support made available to me when I needed the most. I do not have the moral strength to constructively review policy inadequacies. I was referred to Workplace Safety Insurance Board (WSIB) where my request for help was dismissed without remedy and directed to seek social assistance. The word "help" only existence on their website and the mission statement do not make any sense. The province of Ontario under Premier Doug Ford regime returned nearly 1.5 Billion dollars back to employers that became surplus after denying basic services to insured workers.

I began experiencing emotional outbursts due to systematic barriers in accessing the services in Ontario. Sadly, pre-existing barriers only compounded with COVID-19 pandemic. Furthermore, people of colour experience additional barriers in seeking and securing prosperous employment. Meanwhile, the psychological condition as result of the workplace injury further limits potential employment. Overall, my pandemic induced work experience exposed the eroded structure of public service in Ontario.

As I bring out the truth of my experience, I am driven to change the status quo even at the expense of my future opportunities. Raising awareness of systematic racism, discrimination and barriers to accessing essential services in Ontario helps build network and provide assistance to those denied help. I believe that no employee who walk in my shoes with shattered dreams have to suffer in silence.

A copy of this report was sent to Securitas Canada, Occupational Health and Safety, Labour Relations Board, Workplace Safety Insurance, Human Rights Tribunal and Ministry of Labour but no response received.


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