#146 - Employment Law for Immigrants and Foreign Workers, with Erin Brandt
Borderlines4 Feb 2025

#146 - Employment Law for Immigrants and Foreign Workers, with Erin Brandt

Erin Brandt is a co-founder of PortaLaw, a Vancouver law firm which specializes in employment law.


Audience submitted questions that we discuss include:


  1. Is it illegal for employers to not provide reference letters necessary for immigration purposes or to charge their employees for them?
  2. Is it illegal for employers with foreign worker employees to not apply for LMIAs to try to extend their employees' employment?
  3. Can employers distinguish between Canadian citizens, permanent residents and foreign workers when hiring?
  4. Can an employer not hire a foreign national or asylum claimant if they are likely to be deported?
  5. Is it ok for an employer to ask if someone is an asylum claimant?
  6. If an employer learns that an employee is without status - and the employee lied to them - can they legitimately refuse to pay the employee out for work completed during this time?
  7. If in order to meet prevailing wage an employer increases the wages of all of their LMIA-based TFWs, is it discrimination to not also increase it for their permanent resident or Canadian employees?


We also discuss the Ontario Court of Appeal decision in Imperial Oil Limited v. Haseeb, 2023 ONCA 364, upheld a Human Rights Tribunal decision that it was a breach of human rights for an employer to fire an employee because of their temporary resident status.


Hosted on Acast. See acast.com/privacy for more information.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(239)

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

What actually counts as “work” under Canadian immigration law? The answer is much broader than simply receiving a paycheque.We discuss a recent Federal Court decision involving unauthorized work and t...

1 Sep 35min

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

Canada’s Express Entry system was designed to rank skilled immigrants predictably and select those most likely to succeed economically. Has it instead become an unpredictable collection of category-ba...

25 Aug 51min

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

We discuss three recent developments:IRCC’s abrupt addition and removal of new requirements for C20 reciprocal-employment work permits;CBSA officers checking the immigration status of participants at ...

18 Aug 45min

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

Can Parliament prevent courts from reviewing the decisions of administrative tribunals?In this episode, we discuss the Supreme Court of Canada’s landmark decision in Democracy Watch v. Canada (Attorne...

11 Aug 54min

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

Canada says it is returning immigration to “sustainable levels.” But what does sustainability actually mean? And sustainable for whom?Deanna Okun-Nachoff is joined by immigration lawyer Will Tao, foun...

5 Aug 58min

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

What happens when IRCC changes the rules after someone has already made major life decisions? Or even submitted their application?We start with recent Post-Graduation Work Permit refusals involving gr...

27 Jul 56min

#223 - Climate Refugees and The Welcome Table

#223 - Climate Refugees and The Welcome Table

Filmmaker Josh Fox joins Borderlines to discuss his new HBO documentary, The Welcome Table, and the growing displacement of people around the world because of climate change.Josh Fox is an Emmy Award-...

22 Jul 44min

#222 - LMIA Wage Thresholds Rise

#222 - LMIA Wage Thresholds Rise

Service Canada has increased the wage thresholds that determine whether an LMIA is classified as high wage or low wage. While the numbers may appear modest, the practical consequences are significant....

14 Jul 48min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
forklart
aftenpodden-usa
popradet
stopp-verden
dine-penger-pengeradet
nokon-ma-ga
rss-espen-lee-usensurert
rss-gukild-johaug
hanna-de-heldige
fotballpodden-2
det-store-bildet
aftenbla-bla
rss-ness
rss-penger-polser-og-politikk
e24-podden
frokostshowet-pa-p5
bt-dokumentar-2
unitedno