Women migrant workers in Nova Scotia win unpaid wages after years-long battle

The Nova Scotia Labour Board has ruled that Millen Farms Limited must pay outstanding wages to three women migrant workers from Jamaica. The women were employed on the Nova Scotia farm in 2021 through the Seasonal Agricultural Workers Program (SAWP). 

“When you work, you’re supposed to get your pay… We need it, even if it’s $100. It’s unfair in life – to go to another man’s country and they don’t pay you. If they [employers] don’t have Jamaicans come, they can’t take care of their field. They need to respect people and their time. We Jamaicans are working people,” said one of the Workers. 

“I feel great that after all this time the Labour Board decided in our favor and our hard work (in the hot sun) was not done in vain,” said another Worker.

While working at Millen Farms, the three workers reached out to the Centre for Migrant Worker Rights Nova Scotia (CMWR NS) for assistance. CMWR NS supported them to successfully apply for Vulnerable Worker Open Work Permits (VWOWPs). According to the Government of Canada, one of the key objectives of the VWOWP is to “provide migrant workers who are experiencing abuse, or who are at risk of abuse, with a distinct means to leave their employer.”   

When the Workers ended their employment with Millen Farms, the company still owed them their final paycheques. Since Millen Farms had previously paid them via direct deposit, they expected to receive their final pay in the same way. When this didn’t happen, the Workers filed Labour Standards complaints. The Workers later learned that Millen Farms sent their pay to the Jamaican Liaison Service (JLS), which withheld their wages for airfare costs. Millen Farms argued that their action was in accordance with a clause in the SAWP Contract for workers who cannot be located. However, this went against the Nova Scotia Labour Code, Section 86, which instead says that funds in such a situation should be sent to Labour Standards, to be held in trust for the workers.

In December 2023, Millen Farms was ordered to pay the Workers an amount of $1,048, but chose to appeal. On January 24, 2025, the Labour Board again sided with the Workers and ordered Millen Farms to comply with Section 86 of the Labour Code on a go-forward basis for migrant workers “who cannot be located.” The decision emphasized that the Labour Code supersedes the SAWP Contract.

“More must be done by the province and feds to ensure migrant workers are treated fairly, including targeted and unannounced labour and safety inspections, open work permits on arrival, and permanent residence status on arrival,” said Stacey Gomez, CMWR NS’ Executive Director.

Since 2021, CMWR NS has represented the workers with Labour Standards and the Labour Board in this years-long fight for justice. We are thankful to the volunteer lawyers and law students who contributed to this win.

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