Vancouver Poultry Co. Worked Man to Death, Lawsuit Claims

[DonLever]

CTV Vancouver

Published Wednesday, March 25, 2015 5:26PM PDT

Last Updated Wednesday, March 25, 2015 7:33PM PDT

The family of a Chinese immigrant who died after allegedly working excessive hours at a Vancouver poultry processor is suing the company.

The lawsuit, filed last week in B.C. Supreme Court, claims married father-of-four Bao Min Cheng used to work 60-70 hours per week at Hallmark Poultry Processors, and that the strain of working so much overtime killed him.

Cheng died of heart failure on March 22, 2013 following a 13-hour shift. He was just 40 years old.

Cheng had no choice but to work at Hallmark because he spoke no English and had little education, as do most or all of the other approximately 300 workers at the slaughterhouse who put in similar hours, according to the suit.

[Hallmark] encourages the working of excessive overtime by its workers as it is convenient because it allows [Hallmark] to meet orders for chicken meat from suppliers without hiring new workers, reads the claim, which was filed on behalf of Chengs wife Mei Juan Lin and the couples children.

Cheng had a heart problem that gave him high blood pressure, the family said, but it was believed to be manageable with medication and a healthy lifestyle.

But according to the lawsuit, Chengs job required he do unreasonably long shifts of repetitive and strenuous physical labour that involved lifting chicken carcasses from a conveyor belt and hanging them on hooks in a refrigerated room.

B.C.s Employment Standards Act bars companies from letting workers perform hours that are detrimental to their health or safety.

[Hallmarks] failure to meet the standard of care owed caused, in whole or in part or in a material contributing way, the death of [Cheng], the suit reads.

Cheng had been at the company for more than seven years working various jobs, including four in the slaughterhouse.

The claim, which hasnt been proven in court, alleges another worker also died after working excessive overtime last year.

Hallmark declined to comment on the suit, and has yet to file a statement of defence

[Mathew Barzal]

This is sick.

[Miss Korea Bob.Loblaw]

Third world labour practices in our very own backyard!

[drummer4now]

This is actually very common in immigrant communities especially in the case of fob immigrants who can't speak or write english..

One of my former neighbors when he first came to Canada used to work a similar shift to support his family except he worked at two different places in one day.. and slept for 2-4 hours everyday. I am pretty sure he did this 7 days a week as I would only see him on major stat holidays.. and the fact his annoying car would wake me up at night...

[Honeydew]

Known family friends that spoke of that place, they take advantage of those that recently immigrate here from China since they don't know our employment laws. Many of them are worried that they'll lose these jobs if not following the requirements set for them its not once that I've heard stories about this before. It's sickening on how it's in our own backyard and we're allowing these companies to take advantage of these people.

[Violator]

Worked with a guy a couple years ago same thing happened to him had a heart attack right on the warehouse floor.company I worked for denied his claim cause of a pre existing medical condition.

[Offensive Threat]

Buybcfood.ca tells us to buy Hallmark chicken products because they support the local economy and are a key employer in the lower mainland. This is true but BC is also a place of fair labor practices and Hallmark appears to be playing by a different rule book.

If you buy chicken from Safeway there is a very good chance you are supporting Hallmark. Let them know of your objections to how they treat their workers with your dollars. Send emails to Safeway telling them of your concerns with that supplier and that you wont be buying chicken there until changes are made.

[Lancaster]

One of the reason that English (or French) classes be mandatory.

I mean, it's hard to complain to the authority if you can't speak English (or French).

[Resiliency]

One of the reason that English (or French) classes be mandatory.

I mean, it's hard to complain to the authority if you can't speak English (or French).

That does not excuse Hallmark for taking advantage of workers who have little skills, which is really the greater issue here.

Sure, if he had better English, he might have been able to complain but at the same time, it sounded like Hallmark was threatening to fire him if he did not succumb to their inhumane working conditions. It's important to note that companies can use similar threats against employees with minimal education and employable skills, regardless of their proficiency in speaking English. Many people are struggling to stay above the poverty line and they are certainly not about to risk their families' wellbeing to complain about their job,

[Mattrek]

Big corporations motto: People are expendable, but profit is not. Sad, but true. Hope this company gets what's coming to them. An easily preventable death. This sickens me. RIP.

[DonaldBrashear]

The family is hooped here. As long as Hallmark followed worksafe procedures, and as long as the employee never complained about the long hours, there's no way a court will allow a judgment. It would set a huge precedent and allow any employee to file a lawsuit if they felt overworked when they got sick.

Now, if the employee has gone to his employer and provided a doctor's note saying he could only work X hours a week (50 hours or whatever), and the employer ignored it and demanded he come in for longer (due to a huge staff shortage or some emergency), and the employee hit the bucket while doing that, then there would be a huge lawsuit.

On top of that, the employee's family needs to be able to prove that the excess work caused the death. Since Hallmark has 300 other workers likely all working the same pattern and not dying, I am sure the autopsy will show that the employee was predisposed to this illness, was a ticking time bomb, and didn't disclose this to his employer (whether he knew or not is irrelevant, the point is, his employer had no reasonable way to prevent it).

My personal opinion is... on the outside, this looks like "BAD CORPORATION!!! HOW DARE YOU", but if you work in these areas and work with these types of people, you know very clearly that, if Hallmark had cut their hours down to 40 hours a week, they would simply go out and get another job somewhere else and work 2 full-time jobs. If he had done that, and died, would the employer still be responsible for his choice to work 2 jobs? Working overtime is really no different. And if Hallmark can prove that it doesn't force overtime on its employees (e.g., it has some employees who refuse overtime and only work 40 hours a week), then it's game over, because this employee effectively CHOSE to work 70 hours a week, which is no different than choosing to work 2 full time jobs.

[YEGCanuck]

Unfortunate you would think in Vancouver there would be ample access to English language free training for people who have a need.

[-DLC-]

Well am I the only one who thinks people are also responsible to take charge in their own situations?

Someone who has been here long enough to have had 3 kids and cannot speak English has free services in order to do so if they desired. No one has the excuse that they didn't have English as a language when we provide services here so people CAN learn them.

http://www2.news.gov.bc.ca/news_releases_2009-2013/2012AVED0016-000423.htm

Also, 13 hours is not excessive....my Mom worked in the cannery and that was common. She collapsed on the job of an aneurysm and had logged an average of 14 hours/day for many consecutive days. But it was her choice...she liked the overtime and the extra pay associated with that.

As long as a company is paying overtime as they should, people will take it on. I just don't see a gun to anyone's head in order to do so and it often becomes a matter of people wanting the extra cash. It is terribly unfortunate that he died on the job, but I feel this is more of a reach for help now that he's gone. A family is now destitute and that's rough....but if they can file a complaint now, what was stopping them then? It doesn't make sense to me.

I know many people who work beyond an 8 hour day because they need/want the extra money associated with that. We're all responsible for our own personal health and the decisions we make in line with that...I'm honestly tired of people "suing" if they fail to do so.

I do have empathy for the family and am sorry to hear this...just not sure that filing a legal suit is the right thing in it all. Again...why not "during" if he was being forced into something or it was expected of him? There are plenty of provisions in place to do so.

[TOMapleLaughs]

He had a heart problem. Case closed.

[-DLC-]

Many people are struggling to stay above the poverty line and they are certainly not about to risk their families' wellbeing to complain about their job,

Staying on the job posed a risk, which is what the suit is directed at. That he was placed at (health) risk.... So we have to make decisions on our behalf at times but that is ultimately ours to own/carry. I hate lawsuits after the fact when no other options were at least tried.

I left a job under similar circumstances in October (not in relation to hours, but in being subjected to ongoing health and safety risks and volatile customers while I was on my own)...I have been out of work for months and have suffered a great deal as a result....but it was a decision I made based on assessing my deteriorating health on the job and in knowing that I wouldn't survive if I stayed. It has NOT been easy, but it was what I had to do. I've depleted all resources and often find myself thinking "I should have just stayed" but quickly snap back to knowing it was what I had to do. I took charge of the situation, even though it is incredibly difficult and it meant giving up 5 years there and the security of a paycheque. People around me were noticing that it was taking me down, so I took action before it did. Sometimes the path of least resistance is easier and more comfortable (even if very uncomfortable) and change and instability is frightening. But we own those decisions.

I just challenge the notion of "couldn't" do anything to resolve this...employment standards is in place so people can work in a safe environment.

[taxi]

Well am I the only one who thinks people are also responsible to take charge in their own situations?

Someone who has been here long enough to have had 3 kids and cannot speak English has free services in order to do so if they desired. No one has the excuse that they didn't have English as a language when we provide services here so people CAN learn them.

http://www2.news.gov.bc.ca/news_releases_2009-2013/2012AVED0016-000423.htm

Also, 13 hours is not excessive....my Mom worked in the cannery and that was common. She collapsed on the job of an aneurysm and had logged an average of 14 hours/day for many consecutive days. But it was her choice...she liked the overtime and the extra pay associated with that.

As long as a company is paying overtime as they should, people will take it on. I just don't see a gun to anyone's head in order to do so and it often becomes a matter of people wanting the extra cash. It is terribly unfortunate that he died on the job, but I feel this is more of a reach for help now that he's gone. A family is now destitute and that's rough....but if they can file a complaint now, what was stopping them then? It doesn't make sense to me.

I know many people who work beyond an 8 hour day because they need/want the extra money associated with that. We're all responsible for our own personal health and the decisions we make in line with that...I'm honestly tired of people "suing" if they fail to do so.

I do have empathy for the family and am sorry to hear this...just not sure that filing a legal suit is the right thing in it all. Again...why not "during" if he was being forced into something or it was expected of him? There are plenty of provisions in place to do so.

If you ask me the bigger issue is the cost of living in Vancouver, not the company that made overtime work available.

Why did he feel the need to work that overtime? Because we have a government that has let the cost of living and real estate spiral out of control.

[-DLC-]

If you ask me the bigger issue is the cost of living in Vancouver, not the company that made overtime work available.

Why did he feel the need to work that overtime? Because we have a government that has let the cost of living and real estate spiral out of control.

Exactly. It's putting the squeeze on people and making it impossible to survive without taking desperate measures. Absolutely it factors in.

[D.B Cooper]

Well am I the only one who thinks people are also responsible to take charge in their own situations?

Someone who has been here long enough to have had 3 kids and cannot speak English has free services in order to do so if they desired. No one has the excuse that they didn't have English as a language when we provide services here so people CAN learn.

http://www2.news.gov.bc.ca/news_releases_2009-2013/2012AVED0016-000423.htm

Also, 13 hours is not excessive....my Mom worked in the cannery and that was common. She collapsed on the job of an aneurysm and had logged an average of 14 hours/day for many consecutive days. But it was her choice...she liked the overtime and the extra pay associated with that.

As long as a company is paying overtime as they should, people will take it on. I just don't see a gun to anyone's head in order to do so and it often becomes a matter of people wanting the extra cash. It is terribly unfortunate that he died on the job, but I feel this is more of a reach for help now that he's gone. A family is now destitute and that's rough....but if they can file a complaint now, what was stopping them then? It doesn't make sense to me.

I know many people who work beyond an 8 hour day because they need/want the extra money associated with that. We're all responsible for our own personal health and the decisions we make in line with that...I'm honestly tired of people "suing" if they fail to do so.

I do have empathy for the family and am sorry to hear this...just not sure that filing a legal suit is the right thing in it all. Again...why not "during" if he was being forced into something or it was expected of him? There are plenty of provisions in place to do so.

Well said Deb.

When I'm not touring, I work in a metal shop. 12 hour days happen all the time. So does weekend work. You can say no. Immigrant or not.

This is nothing more than a man who didn't take care of himself and payed for it. Now his family is using this as a sad excuse for an easy dollar.

It is sad he lost his life, but in reality it is his own doing. Not his chicken job.

[D.B Cooper]

That does not excuse Hallmark for taking advantage of workers who have little skills, which is really the greater issue here.

Sure, if he had better English, he might have been able to complain but at the same time, it sounded like Hallmark was threatening to fire him if he did not succumb to their inhumane working conditions. It's important to note that companies can use similar threats against employees with minimal education and employable skills, regardless of their proficiency in speaking English. Many people are struggling to stay above the poverty line and they are certainly not about to risk their families' wellbeing to complain about their job,

I hate to be the one who says this, but why are we allowing immigrants in the country who have no skills and can't speak English. They are coming here and setting themselves up for disaster. They should come here ready to be an equal citizen and can fit in and contribute. Not someone who can't even tell if they are being taken advantage of.

[D.B Cooper]

Doube post