When a work permit ties a worker to you, a firing carries far higher stakes
A Temporary Foreign Worker employed at a Symposium Café in Cambridge, Ontario emailed his employer's immigration consultant on June 28, 2024, asking to confirm his implied status and why he was being paid cash rather than placed on the company payroll. Three days later, he received a call telling him there were no more shifts. On March 30, 2026, Ontario Labour Relations Board Vice-Chair Paul Young ruled it was an unlawful reprisal under the Employment Standards Act, 2000, and ordered the employer to pay $3,743.08 in damages.
Christian Balubar had been working for 11536125 Canada Inc., operating as Symposium Café, since April 30, 2024, under an offer of employment as Food Service Manager at $22 per hour. Instead of regular pay, he received cash payments below his agreed rate, with no wage statements.
Employment standards violations
The employment relationship had already been marked by serious violations. An Employment Standards Officer had previously found Symposium in contravention of eight separate provisions of the ESA, including $4,560 in unpaid wages, $156.75 in overtime pay, $112.75 in public holiday pay, and $307.34 in vacation pay. The ESO also ordered Symposium to refund $4,000 it had collected from Balubar in connection with his work permit application. Symposium did not appeal any of those findings. The sole issue before the Board on review was whether Symposium had gone further still,...
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