Temporary foreign worker wins appeal on ‘rent payments;’ tribunal addresses alleged sexual harassment

A woman who worked on North Road in Coquitlam as a temporary foreign worker earned a legal victory recently as the Employment Standards Tribunal reversed and rebuked a previous decision.

While working for Euro Food Tri-City in 2019 and 2020, Iana Zueva lived in a room in a home owned by her employers, Grigori and Svetlana Khaskin.

While living in the house, Zueva made two payments to Grigori totalling $1,800.

After filing a complaint under the Employment Standards Act, Zueva was previously awarded $6,027 in wages, overtime, and vacation pay, after alleging she was forced to work hours detrimental to her health. The company was also fined $2,000.

However, the prior delegate didn’t award Zueva the $1,800, ruling the e-transfers reflected Zueva paying rent, rather than having her wages garnished.

Zueva contended she stayed at the house in exchange for cleaning bedrooms, bathrooms and floors, washing clothes, changing linens, and mowing the lawn. However, she provided no evidence of that arrangement, according to the previous delegate.

Noting the lack of a bona fide rental agreement, the tribunal took a different view in their recently published decision.

The absence of documentation is: “particularly troubling, especially in circumstances where the applicant was a vulnerable temporary foreign worker residing in her employer’s residence and supposedly paying rent from her earnings,” the decision stated.

While Zueva lacked proof, “it can be equally said that the Khaskins did not provide any evidence” proving Zueva agreed to pay them rent, the tribunal wrote. However, “there was evidence of a ‘rent free” arrangement.’

“Enforcing such undocumented accommodation arrangements, particularly where vulnerable temporary foreign workers are residing in employer-controlled accommodation, risks undermining the protective purposes of the [Employment Standards Act],” the tribunal concluded.

Zueva previously alleged Grigori Khaskin sent her sexualized photos and videos.

That behaviour, “appeared to have been a regular occurrence” from the beginning of their relationship, the previous delegate concluded. Because there was “no significant change” in Zueva’s conditions of employment, the delegate decided Zueva’s employment wasn’t terminated as a result.

Zueva didn’t appeal that finding. However, the tribunal rebuked the previous conclusion.

“It is wholly indefensible to suggest, absent any evidence whatsoever, that the applicant, by virtue of her continued employment, somehow acquiesced to or accepted being subjected to persistent sexual harassment as a condition of her employment,” the tribunal wrote.

Zueva was awarded $1,800 plus vacation pay and interest.

The Employment Standards Tribunal consisted of three members and was chaired by Kenneth Thornicroft.