Gouging employer forced to pay up

Recently, the Ontario Coalition Against Poverty (OCAP) took action to defend a couple of Spanish-speaking immigrant workers who had been denied wages by a sleazy contractor. These two workers spent months cleaning downtown restaurants and, when they left their jobs, found that they were not paid for their last month of work.

Being owed over $3,000, this couple tried going through the official channels but found that the Labour Board would take up to year to get them their money. When they came to OCAP, we decided to take a quicker route.

The operation that was holding back their money had a contract with a plush restaurant in the Financial District where the couple had worked for the last month of their employment.

After a letter to the cleaning contractor was ignored, a delegation from OCAP and the Metropolitan Hotel Workers Committee paid a visit to the restaurant during their lunch period. The manager smugly informed us that the unpaid wages were the responsibility of the contractor and that her restaurant was not legally liable. We agreed with this legal opinion but told her it was of no interest to us whatsoever. Her restaurant was being cleaned by people who did not get paid. Therefore, her business would be held accountable. She had one week to ensure the wages were paid or to pledge that the contractor would not be given any more business. After that time, she could expect her restaurant to be picketed. Our delegation then left her to chew on this information.

The action worked like a charm and the very next day the contractor phoned to capitulate. Repeated phone calls had not bothered these people and the threat of the Labour Board held no terror for them. The possible disruption of the upscale businesses they serviced with exploited immigrant workers, however, got their immediate and undivided attention.

This direct approach got the job done much faster than using the appeal channels that are designed to stall you and make you powerless.

John Clarke is an organizer with the Ontario Coalition Against Poverty.

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