Denny’s fined for firing complaining worker

Denny’s fined for firing complaining worker

Cholo Sales (right) with MLA Mable Elmore of B.C.

VANCOUVER – Denny’s Restaurants has been fined for illegally firing a temporary foreign worker connected to a $10 million class action lawsuit against Denny’s after he complained about his treatment to the Employment Standards Branch.

Denny’s Restaurants was found by the BC Director of Employment Standards to have illegally fired Filipino worker Alfredo Sales just days after he filed a complaint against the company.

The Director ordered Denny’s to pay a financial penalty and damages.

Sales came from the Philippines under the Temporary Foreign Worker Program to work for Denny’s Restaurants in Vancouver.

Under the terms of his employment contract, Denny’s was required to pay his airfare to and from Vancouver, as well as a premium for overtime worked.

Sales sought reimbursement from Denny’s and return airfare at the conclusion of his contract, and payment for overtime worked.

He also advised Denny’s that he had been required to pay $6,000 to an employment agency to get the job.

A $10 million class action lawsuit was filed against Denny’s Restaurants in January, 2011 on behalf of approximately 50 foreign workers, alleging that their employment contracts have been violated, including the failure to pay airfare and overtime, as well as the payment of recruitment fees. Most of the workers are cooks and servers.

Sales filed a complaint against Denny’s with the Employment Standards Branch on August 3, 2010 over its failure to pay overtime and airfare. On August 9, 2010 he was summoned to a meeting with Denny’s Vice-President, Deborah Gagnon, and fired.

Denny’s claim that the termination was for “performance issues” was rejected by Employment Standards. Rather, the Director of Employment Standards found that the decision to terminate was motivated, at least in part, by the fact that Sales had been in contact with the Branch and indicated an intention to pursue a complaint.

“Denny’s has been found to have engaged in retribution because a temporary foreign worker filed a complaint with the Employment Standards Branch” said Charles Gordon of Fiorillo Glavin Gordon, lawyer for Sales.

“He had a contract which clearly provided that Denny’s was required to pay his airfare both from and to the Philippines. When he complained that they were not providing that, as well as paying for overtime and raising the issue of agency fees to get the job at Denny’s, he was terminated,” Gordon said.

Sales has been forced to return to the Philippines, as his work visa required that he continue working for Denny’s in order to remain in Canada.

“This further illustrates the vulnerability of workers under the Temporary Foreign Worker Program” said Gordon. “Alfredo Sales was terminated for filing an Employment Standards complaint and then he was required to leave Canada.”

A copy of the Employment Standards Branch determination is available on the Fiorillo Glavin Gordon website at www.fgglawyers.com.

More information about the class action lawsuit against Northland Properties Corporation – doing business as Denny’s Restaurants – and Dencan Restaurants Inc. is available from either the Fiorillo Glavin Gordon website at www.fgglawyers.com or the Kestrel Workplace Legal Counsel LLP website at www.kwlc.ca.

(PRESS RELEASE)