Edo

No he had enough of time left in his PR to move to Canada and maintain his residency so that's not an issue at all. The issue is that he cannot find work especially in the current job market.

Steve_

I'm only quoting RCMP from what's been on the news, they said 12 hours under the employment standards code. And tired drivers do obviously cause accidents and there's a lot of trucks on highway 63 going up to Fort Mac. Never said they cause every accident.

Steve_

What, you mean the labour shortage in Alberta?

helcat12

I think you might be getting confused between Citizenship and Permanent Residency. They are not the same thing.
No-one is challenging that you can obtain PR while being resident in either country.
PR is not, bizarrely enough, permanent. It can be revoked, or you can lose it by not maintaining enough time spent in Canada. The rules about how long you can spend out of Canada and yet still retain PR status were quoted by Siouxsie, correcting me.

Once you have Citizenship, which I think you now have to be PR for 5 years to apply for (recent rule change on that), that cannot be revoked and you can be out if Canada as long as you like.

Aviator

Truck driving hours are governed by the province under the Traffic Safety Act
Alberta Queen's Printer:

Excessive work hours under employment standards covers all workers, no matter what they do.

Edo

Thank you for all your advices. My friend consulted a lawyer a few weeks ago to discuss his problem who suggested to him that that he has a case under common law. So lawyer wrote to his company to express his dissatisfaction over the whole situation and told the company that my friend should be entitled to a lot more than just 2 weeks severance package considering that he was dislodged from a settled life and career in the UK to take up a role in Canada. And the employer's response was quite encouraging as they offered to increase his package from 2 weeks to 2 months immediately.

helcat12

Good news!

Edo

Thank you. Their counter offer response to the lawyer was so rapid that we think there must be something in the law that goes in our favour that compelled them to change their position so quickly, which they weren't willing to when my friend communicated with them directly.

Aviator

More likley they had their lawyers advise on a course of action based on Common Law, rather than legislation. There is no legislation beyond the Employment Standards minimum.

Without Business Practices insurance, the cost of defending an unfair dismissal claim can cost more than the payout and some judgements are pretty ridiculous. It could well have been that they had already had a if a lawyer got involved. Offer the least, be prepared to pay more if pushed.

Gozit

On the topic of PR/citizenship - what nationality is your friend? You say he cannot go back to UK, so he is not an EU citizen or a citizen of an EU country who recently got restrictions removed? (Romania and Bulgaria)

Does he have parents/grandparents born in UK/UK citizens? Or parents/grandparents born in/citizens of any other EU country? This may enable him to apply for at least an EU citizenship which would enable him to go back to the UK.

Just trying to explore options if going back to UK is what he wants to do.

for him. It sucks that he had a stable life in UK and these buggers screwed him over. And on top of that he isn't a British citizen so can't go back.

Edo

He's a Malaysian.

Steve_

Well section 6 of those regs says 13 hours and employment standards says 12, I'm sure RCMP said 12 hours in the article I read. That's what they were looking for when they stopped truckers on Hwy 63. The regs refer to criminal offences though. I guess when they were writing it they figured one hour over and that should be criminal.

Aviator

RCMP don't (cannot) enforce Employment Standards. The RCMP do enforce the Traffic Safety Act.

Gozit

Malaysia used to be a UK colony; does/did he have any parents or grandparents in crown service? He could potentially use that to apply for either British citizenship or an ancestry visa depending on the case.