Need help with cabotage rules.

Hmm, sometime in the late nineties the US Customs service did announce that they would allow ‘incidental ‘ moves. However it was soon discovered that the Immigration Department never agreed.
So your boss talking to CBP is probably getting conformation that the first two examples are okay to do. But if Immigration was to find out, you would still get dinged.
Give the Immigration Department a call and give them names. If you’re on your way out anyway, might as well cause a commotion. Whistle blower legislation would give you immunity.

 

Grey area is probably in the definition of "incidental move." I would bet this is for now and then screw ups, occasional break down, etc. Not setting out with the pre plan to be re-positioning an empty.

 

I've often wondered how often this goes on.

 

If they indeed fired you, you now have common law grounds to sue them for wrongful dismissal as well as severance pay, vacation pay, late filing of ROE (they will probably try to make you sign a release in exchange for your EI ROE, refuse this), overtime pay, etc. and any "free" labour they failed to account for and pay you out for.

Common Law rights trump Canada Labour Code minimums. Speak to an employment lawyer. Justice is the sweetest revenge.

 

Report them to Federal Employment standards office, they will open a case for you against the company, no charge. They are the heavy hitters, they regulate all carriers who operate across provincial or international boundries. Very good people, your former scumbag company will fall off their chair when this federal agency comes calling...

 

Actually that agency, the Federal Labour Program, can only go after the minimums allowed under law, and you must have some prior knowledge of their banking information. Typically the Banks will honour an "order to debtor" from Federal Labour Program and seize funds, which will get sent to the Receiver General of Canada (the great abyss) and after waiting about two months you will get a cheque from the RGC. However, most private companies will ignore an order to debtor letter at which point your only option is to hire a bailiff to seize assets on the order and who most likely won't be interested in expending resources on your claim if it's too small. Also if you hire a bailiff never pay them up front. If you want a fair settlement it can only be done through the courts under Common Law and if it's your first time navigating the system I'd recommend a good employment lawyer who doesn't have any conflicts of interest.

Also Pro Tip: keep a copy of the truck key, and track that truck's location. It could be useful for the bailiff.

See my prior posts on this subject.

 

Since he was an employee, he would have the company banking info. And no company can ignore a letter from Employment Standards if they wish to remain in business. If the company did not violate any of the legal standards in dismissing him, it is true that only the minimun amounts of compensation will apply pertaining to vacation pay, overtime, unpaid time worked, etc.
IF however they did violate standards, the Standards branch will open a case and pursue it. Settlements will be offered back and forth between the employer and the Standards officer in charge of the case, and a final resolution reached prior to going to court, which is a last resort. All this process is at no cost to the former employee, the agency is funded by the federal government. The agency is fully bilingual, and will tell you immediately if you have a case worth pursuing when you first contact them. They are fully aware of the new "constructive dismissal" tricks that companies in Canada are using more frequently, and will set them straight quickly. But it does take time, and most importantly, document everything, everything!

 

In terms of severance pay, lack of due notice, constructive dismissal, or wrongful dismissal, interest on unpaid wages, the minimums are not the maximums. Seek an employment lawyer. Common Law resolutions issued from the judges' bench are entirely possible .