RICHMOND, Canada (Diya TV) — A mechanic from India has been awarded more than $115,000 (Canadian) by the British Columbia Employment Standards Tribunal after it determined his former employer failed to pay proper wages and illegally demanded money for a job offer — a practice that violates provincial employment laws.
CBC News reports Harminder Singh worked for A.J. Boyal Truck Repair Ltd. in Richmond from July 2018 to October 2019. He originally arrived in Canada on a visitor visa in March 2018 and was later introduced to the company’s director, Sarvpreet Boyal, through his cousin. The company had recently obtained a Labour Market Impact Assessment (LMIA), allowing it to hire temporary foreign workers.
Singh accepted a position as a truck mechanic and returned to Canada on a work permit that July. However, beneath the surface of this seemingly routine employment arrangement lay serious allegations of exploitation.
Singh testified that Boyal required him to pay CAD 25,000 to secure the job — a direct violation of British Columbia’s Employment Standards Act, which prohibits employers from requesting or accepting payment in exchange for employment. He said he paid $10,000 in cash and another $15,000 by cheque through his cousin, with the funds directed to one of Boyal’s acquaintances.
In a 70-page decision, tribunal delegate Shannon Corregan found Singh’s testimony to be more credible than Boyal’s, describing the employer’s conduct as “obstructive, unprofessional, and inconsistent.” Corregan wrote, “Where his testimony conflicts with Mr. Singh’s, I prefer Mr. Singh’s testimony.”
A key piece of evidence in the case was a handwritten logbook Boyal presented to support his claims about Singh’s work hours. However, a forensic document analyst introduced by Singh’s lawyer, Jonathon Braun of the Migrant Workers Centre, concluded the entries had been falsified. According to CBC News, the expert found the signatures were forged and the entire log appeared to have been written by a single individual.
Although Singh claimed to have paid $25,000 for the job, only $15,000 was recoverable under the tribunal’s jurisdiction, as the initial cash payment fell outside the statutory recovery period.
In addition to the compensation awarded to Singh, A.J. Boyal Truck Repair Ltd. was fined $4,000 for eight violations of the Employment Standards Act.
This outcome comes after a lengthy legal battle. The case was initially adjudicated in 2023, when Singh was awarded just over $3,000 in unpaid wages and $2,000 in penalties. Singh appealed the decision, leading to a new investigation and the significantly larger award issued in 2024.
Despite repeated requests for comment, Boyal did not respond before publication