Employment Law

Fiera Foods and Temporary Worker Rights: Newstalk 1010 Interviews Lawyer

Interview Summary

Fiera Foods, a Toronto industrial bakery, was accused of using temporary agencies to claim tax refunds from the CRA, despite the agencies’ ongoing tax-delinquent tendencies. The bakery has since won millions of dollars and the federal tax court has ruled that Fiera is entitled to their tax refunds. What will the outcome of this lawsuit mean for other businesses using temporary agencies or subcontractors?

Stan Fainzilberg, an employment lawyer and Partner at Samfiru Tumarkin LLP spoke with Jim Richards on Newstalk1010 to discuss the implications of this lawsuit for other businesses and temporary agencies.

Interview Notes

  • Accusations against Fiera Foods: Fiera Foods was accused of using many temporary agencies and expecting the agencies to properly file tax credits. Unfortunately, many of the agencies the bakery employed were not filing taxes adequately. The CRA thus accused Fiera Foods of trying to defraud the government, alleging the bakery was aware of the agency’s tax discrepancies.
  • Difficulties with temp agencies: It is a well-known problem that many temporary agencies operate much like shell companies. The Ontario provincial government has taken steps in recent years to ensure temporary agencies are operating legally.
  • The outcome of Fiera Foods lawsuit: The outcome of the lawsuit allows Fiera Foods to use tax credits to write off profits and revenue to lower the amount of taxes they would eventually have to pay to the government.
  • Temp agencies taking advantage of workers: Many temporary workers are missing out on vital employment rights and entitlements. Employment laws must take into context each specific temporary worker’s employment. Some individuals might initially be hired through a temporary agency, but remain working for a sole company for many years.

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