Two migrant workers from Mexico have filed a lawsuit against a seafood processing company in northern New Brunswick.
A news release sent Tuesday by the Migrant Workers Alliance for Change [MWAC] states the small claims lawsuit is being filed against LeBreton & Sons Fisheries Ltd. in Grande-Anse, N.B.
MWAC said in the release the lawsuit is for what the organization alleges was widespread exploitation, mistreatment, breach of contract and bad faith dismissal between May and October 2023.
The lawsuit was served Tuesday morning at LeBreton & Sons Fisheries Ltd. by Juan Pablo Lerma López, one of the claimants, and by a representative from MWAC.
The other claimant is Adriana de Leon Silva, who is back in Mexico.
The migrant workers allege that LeBreton & Sons Fisheries Ltd. did not provide the hours of work they, and dozens of other employees from Mexico and the Philippines, were promised in their contracts, and that costs for work equipment were deducted from their wages.
The workers also allege they were subjected to inhumane living conditions, such as overcrowded housing with poorly ventilated rooms that were frequently infested with mould.
They also allege there was little to no access to laundry and other essential facilities.
In addition to the news release, a press conference was held on the steps of the Moncton Law Courts Tuesday afternoon.
Through an interpreter, Lopez, who says he came to Canada to support his family, spoke about his accommodations and how he was treated.
“The housing conditions here are really bad. I lived in a hotel with 35 more workers where a single room was shared by three workers,” said Lopez, who currently lives in Moncton.
“There was not adequate ventilation or clothes or food. We were infected by mould due to the humidity. The odours were often unbearable. We only had a small laundry room once a week we could use. So we used to accumulate lots of clothes from our work and that smelled really bad because it’s from the factory.”
According to the statement of claim, the employment contracts were supposed to be for six months for an average of 30 hours per week at an hourly wage of $16.50.
“Two of the workers have decided to initiate a small claims lawsuit against the employer demanding they be paid the money that is actually guaranteed in the contract,” said Syed Hussan, the executive director of MWAC.
López claims he is owed $7,359.42 while De Leon Silva’s claim is for $6,537.05.
Both plaintiffs are also seeking $12,500.00 each for pain and suffering.
Hassan said migrant workers come to New Brunswick every year to work at fish-processing plants under legally binding contracts that guarantee every worker a minimum of 30 hours per week to work over the course of the season.
“This is the expectation of the workers. This is how they budget. This is what they plan for. This is what they leave their families for,” said Hussan.
Hussan is calling the legal action historic because most migrant workers are not able to step up and go to court.
“There were 80 workers involved in this case and only two of them are actually able to sue their employer,” said Hassan.
Hussan added this is the first time migrant workers in New Brunswick are going to court on this issue and his organization is putting every migrant worker employer in New Brunswick on notice.
“We are letting them know that each and every one of them who has a contract with their workers that guarantees them a minimum of hours of work per season, they must pay those workers those amounts and if they don’t, the workers will be organizing at the workplaces and we will be taking them all to court,” said Hussan.
Approximately 80 migrant workers, including plaintiffs López and De Leon Silva, were hired through the Federal Temporary Foreign Workers (TFW) program, according to the lawsuit.
López said in the release he trusted the company that brought him to Canada, but he alleges he was met with abuse from his first day to the last.
Hussan said LeBreton & Sons Fisheries Ltd. was fined over $365,000 this spring because working conditions did not meet the contracts of the workers.
The company was also hit with a two-year ban from hiring temporary foreign workers.
A spokesperson for LeBreton & Sons Fisheries Ltd. declined to comment on the lawsuit when reached by CTV News.
The allegations in the statement of claim have not been tested in court.
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