HD Mining – Temporary foreign workers case dismissed

HD Mining – Temporary foreign workers case dismissed

In what is being called “a complete vindication”, Vancouver law firm Maynard Kischer Stojicevic (MKS) are celebrating a victory for client HD Mining International. Immigration lawyer Alex Stojicevic represented HD Mining in a high profile case that has captured the attention of local media since early February.

HD Mining came under scrutiny for plans to hire 200 temporary foreign workers for the Murray River coal project near Tumbler, B.C. Two workers’ unions demanded action against the company, alleging HD Mining rejected hundreds of resumés from qualified Canadian workers.

But the battle came to an end recently when the Federal Court of Canada dismissed the allegations, saying that the immigration officer who approved the mining company’s application acted within reason.

“It is very gratifying for the company and the minister involved that this decision was upheld,” Alex Stojicevic told the Journal of Commerce in an interview.

“The decisions were upheld because they were reasonable and the company did everything that was required of it. In fact, the company exceeded what was required. This is a great day and a major vindication for the company,” said Stojicevic

Although roughly 300 Canadians applied to work on the project, HD Mining maintains that the work requires both fluency in Mandarin and skills in long-wall mining, which the Canadian applicants lacked.

Though HD Mining applauds the court’s decision, Penggui Yan, the company’s chairman, admitted in a statement that the win is bittersweet.

“It has come at a great cost and has raised significant questions in the international investment community,” said Yan.

In a letter to the Vancouver Sun, Philip Hochstein, president of the independent Contractors and Business Association of BC lamented that the drawn out court case had negative effects on the project.

“The miners were sent home, test mining was delayed, and the entire project was thrown behind schedule,” wrote Hochstein.

Hochstein went on to praise the mining company, writing “Congratulations to HD Mining for sticking to its guns and proving its right to bring in 201 temporary workers. Their perseverance means plenty of Canadians will have a shot at long-term jobs in the mine.”

Kudos to Alex Stojicevic for this significant win that is sure to set precedent with Canadian Immigration law-makers.

 Read complete CBC News article here