Foreign worker’s acceptance of job offer invalid without permit

Probationary period didn’t start until worker obtained new LMO and work permit and accepted new offer
By Sergio Karas
|Canadian Employment Law Today|Last Updated: 03/06/2013

The point of employment

Usually, someone becomes an employee as soon as she accepts an offer of employment. However, in the case of a foreign worker, immigration law can trump employment law if the worker doesn’t have a work permit that allows employment with that employer when she accepts the offer.

An Ontario arbitrator has dismissed a union grievance filed on behalf of a foreign worker who argued that an offer of employment extended to him by the employer became valid before he obtained the appropriate work permit, entitling him to an award after his dismissal. While the facts of this case are somewhat unusual, the issue concerning the employer obligations and the ability of the foreign worker to perform his duties is highly relevant to the employment of all foreign workers.