Uk Painter and decorator employment rights.

[Purdy1]

I am new to this forum.

I am wondering if anyone has experienced the same issues in canada and would be able to offer some helpful guidence to what I can do to sort this problem out.

I am a skilled Painter and Decorator from England. During July 2016 I joined a uk based immigration agency to live and work abroad with my partner. During all this process I managed to find a company in canada who would be interested in offering me a full time job offer thats permanant based contract and job specific on my work permit. And was dual intent and I recieved the LMIA approved.

I signed all documents and we moved to canada in August 9th 2017 to start a new experience. We planned and set ourselves up during our arrival.

I had to wait for my tools to arrive at the time from the uk. On Tuesday 22nd August I had started my job for 4 days and i was loving it. Then on August the 28th i had kidney stones discomfort which led to me being unable to work for 3 weeks.I was gutted to say the least.

I kept my employer up to date at all times I e-mailed them. I had to pay the medical out of my own pocket. Until we would recieve OHIP after the 3 months.
I returned back to work on the 18th September to then have my employer mention verbally he hasn't anymore work. I was shocked.No warning nothing. Even my work tools we're stolen that I had originally shipped over. I reported to the police but they couldn't do much for me. I haven't even had any payment for my work. I even paid rent to my boss at the time.

Due to never experienced this dilemma before, we had no choice but to reside to southern Ontario to my cousins until I could find out our rights via this situation.
Bear in mind I reported this to the labour board but I doubt I will get help at all.

What can the Labour board offer ? even though I only managed 4 days work. All this has costed me and my partner thousands setting up immigration and all this stress has become a nightmare.
Does the labour board make the company offer me my job back? I'm interested how all this will work out?

How will this effect my 2 year work permit and PR status?

What rights do i have right now?

Who would I need to report to or see in person in canada that could guide us properly without costing money again?

Thanks

 

[scylla]

Your work permit is still valid and will remain valid until expiry. You can legally remain in Canada until the expiry of your work permit - however working is a different matter. Your work permit is tied to your specific employer and job - this means that you cannot use your existing work permit to work for anyone else. If you wish to work for another employer, you'll need to obtain a new job offer and your new employer will need to obtain a new approved LMIA (so that you can apply for a new closed work permit).

I'm not sure you have any recourse in terms of your original job. That would depend on the type of contract you signed. I don't believe the labour board has the power to force your employer to give you your job back - at most, there may be some financial compensation. However this is an immigration forum and our expertise really lies there. Not sure anyone here can advise you regarding labour boards. You may want to look for an online forum that has an employment law focus.

Have you already applied for PR? Through which stream?

 

[Purdy1]

Your work permit is still valid and will remain valid until expiry. You can legally remain in Canada until the expiry of your work permit - however working is a different matter. Your work permit is tied to your specific employer and job - this means that you cannot use your existing work permit to work for anyone else. If you wish to work for another employer, you'll need to obtain a new job offer and your new employer will need to obtain a new approved LMIA (so that you can apply for a new closed work permit).

I'm not sure you have any recourse in terms of your original job. That would depend on the type of contract you signed. I don't believe the labour board has the power to force your employer to give you your job back - at most, there may be some financial compensation. However this is an immigration forum and our expertise really lies there. Not sure anyone here can advise you regarding labour boards. You may want to look for an online forum that has an employment law focus.

Have you already applied for PR? Through which stream?

HI thank you for your reply back to me.
I havent applied yet because the PR status was whilst i was in canada working for that company. Or doesnt it matter who i worked for?
I signed a contract but typically the employer has it so I doubt I will be able to have a copy. So im not sure what to do about that part though?

Another question,

If i went back to England to visit or whatever reason, would this effect my 2 year visa that I have with my original permit to come back to canada?
Simply because I still need to resolve these issues in canada anyway.

Thanks

 

[Purdy1]

HI thank you for your reply back to me.
I havent applied yet because the PR status was whilst i was in canada working for that company. Or doesnt it matter who i worked for?
I signed a contract but typically the employer has it so I doubt I will be able to have a copy. So im not sure what to do about that part though?

Another question,

If i went back to England to visit or whatever reason, would this effect my 2 year visa that I have with my original permit to come back to canada?
Simply because I still need to resolve these issues in canada anyway.

Thanks

I have my ITA ID approval for my Red Seal course whenever I am ready to sit the 4hour exam in vancouver. Which also would help my permanant residency if i did go through and pass it.