Canada’s federal court has rejected an application by two unions to overturn the approval of the hiring of 201 temporary foreign workers from China by HD Mining for its Murray River underground coal mine near Tumbler Ridge.
A labour market opinion that approved the hiring was appealed by two unions, including the Construction and Specialized Workers Union, local 1611. But on Tuesday, the federal court dismissed the application to have it quashed.
“This is a complete vindication of our company, but it has come at a great cost and has raised significant questions in the international investment community,” said HD Mining chairman Penggui Yan.
“During these months of litigation, the unions made many allegations – both in court and the media – which we, frankly, found appalling. We knew this litigation was driven by a political agenda and we knew we needed to wait for a Canadian court to reject these claims. It has taken a long time, but today is that day.”
The decision is final and there is no chance to appeal it, which means the workers can be hired.
The two unions claim 300 Canadians applied for jobs in the mine, “and not one of them was hired,” Charles Gordon, legal counsel for the unions, told Business in Vancouver.
“We’re disappointed by the decision, obviously,” Gordon said. “On the other hand, the case was a success for the unions insofar as it drew a great deal of attention to the temporary foreign worker program and how it’s being abused.
“And as a result of this case, a great deal of interest in that has been generated, including some reforms to the temporary worker program.”
