Labour ministry attempts to placate hapless farmworkers
Published:Wednesday | October 11, 2023 | 12:10 AMKimone Francis/Senior Staff Reporter
The Government on Tuesday sought to assure Jamaicans employed to Canada’s Seasonal Agricultural Work Program of its commitment to their well-being amid strong criticisms that it has not done enough to assist those injured and repatriated.
Close to 10,000 Jamaicans are employed on the temporary programme annually, even as allegations of mistreatment and safety concerns increase.
“The Ministry of Labour and Social Security (MLSS) reiterates its steadfast commitment to safeguarding the rights, interests, and well-being of all Jamaican workers, participating in the farm work programme,” the labour ministry said in a statement.
“In doing so, the ministry acknowledges the concerns and criticisms ... . We understand the importance of open dialogue and constructive feedback in shaping policies and programme that benefit all stakeholders involved,” it added.
It follows criticisms from a not-for-profit legal clinic in Ontario, Canada Industrial Accident Victims Group of Ontario, and Jamaican Leroy Thomas about the alleged lack of assistance for injured farmworkers who return to the island.
Thomas, who injured his back in 2017 while working on a tobacco farm in Samcoe, was successful in his appeal to have Canadian government agency Workplace Safety and Insurance Board (WSIB) compensate him beyond 12 weeks for permanent damage to his spine.
The clinic assisted with his appeal, which saw a decision handed down last month by Canada’s Workplace Safety and Insurance Appeals Tribunal.
The ministry said at the heart of its commitment to the programme is the well-being and welfare of Jamaican workers, the farmers who host them, and the reputation of the country and partners.
“As part of our ongoing thrust to improve the protection of our workers, free legal representation is provided to bring their concerns before the WSIB. Notwithstanding, workers also have the option to secure their own legal representation,” the ministry said.
It welcomed the tribunal’s ruling, which now enables migrant farmworkers who have been permanently injured because of the job to be provided with compensation beyond the 12 weeks which had been the precedent by the WSIB.
ENHANCING TRANSPARENCY
The ministry said that it is committed to enhancing the transparency of the programme by providing clear information about the rights and responsibilities of both workers and host employers.
It said that it will continue to engage in open and constructive dialogue with stakeholders, including Jamaican workers, host farmers, and our international partners, to identify areas for improvement while actively working to strengthen the support systems available to Jamaicans, ensuring their well-being, safety, and access to essential services.
The ministry said that it will also collaborate with relevant agencies and organisations to offer training and education to empower workers with the skills needed to thrive in their host countries.
“We will investigate and address any reports of exploitation, unfair treatment, or inadequate working conditions promptly and decisively,” it added.
Meanwhile, the Canadian government said that tough sanctions have been implemented for employers who fail to meet programme requirements and/or conditions or do not cooperate during an inspection. Consequences include administrative monetary penalties up to a maximum of $1 million and a temporary or permanent ban from the programme.
“We take our responsibility to protect the health and safety of temporary foreign workers and the integrity of the temporary farm work programme very seriously. We encourage temporary foreign workers who have faced mistreatment or abuse to contact our confidential tip line to file a report with one of our live agents, offering services in 200 languages,” the Ministry of Employment and Social Development of Canada said in an emailed response to The Gleaner.
It said an online reporting tool is also available where workers or other concerned parties can report situations of suspected programme misuse or abuse.
“All allegations received are reviewed and appropriate action is taken. Any allegation that falls outside the purview of the Temporary Foreign Worker compliance framework are referred to the appropriate provincial or federal enforcement partners,” it noted.
It said as part of its broader commitment to protecting temporary foreign workers from mistreatment and abuse, Budget 2021 committed $49.5 million over three years to implement the new Migrant Worker Support Program.