Contract broke while waiting lmo

[seboucci]

Hello,
I signed a contract in March 2013 with a large company in Toronto. As we were told he had two months to get the working permit so my wife and I resigned from our respective jobs in France . We sold all our goods : car, motorcycle , bed, TV etc... all our furniture. We rented out our apartment to get back at our parents’ house. We are waited patiently for five months without any income and ready to fly at any time.
Five weeks ago, I asked the company to send me the LMO’s tracking number because I wanted to get some income from the French government, but nobody responds in the Canadian company despite my repeated reminders! Last night, the company finally announces us that they decided to cancel the job because of the visa’s delay and financial difficulties.

I do not know anything about labor law in Canada. Does the company has the right to cancel a contract like that even if the contract has been signed by both sides? I think it’s possible to get benefits for the injury suffered right? We intend to hire a lawyer in Toronto but I would like to have advice on the best way to handle this situation.
Any help would be welcome .
Thank you

 

[gosia]

Hello,
I signed a contract in March 2013 with a large company in Toronto. As we were told he had two months to get the working permit so my wife and I resigned from our respective jobs in France . We sold all our goods : car, motorcycle , bed, TV etc... all our furniture. We rented out our apartment to get back at our parents' house. We are waited patiently for five months without any income and ready to fly at any time.
Five weeks ago, I asked the company to send me the LMO's tracking number because I wanted to get some income from the French government, but nobody responds in the Canadian company despite my repeated reminders! Last night, the company finally announces us that they decided to cancel the job because of the visa's delay and financial difficulties.

I do not know anything about labor law in Canada. Does the company has the right to cancel a contract like that even if the contract has been signed by both sides? I think it's possible to get benefits for the injury suffered right? We intend to hire a lawyer in Toronto but I would like to have advice on the best way to handle this situation.
Any help would be welcome .
Thank you

But why would guys quit your jobs before getting a visa first?
Hope all goes well when you get the lawyer, good luck.

 

[Freespirited]

Sorry to hear that but base on my expirience while applying for a job in canada , the agency allways advised us not to resign from work until the visa has arrive, because they might have a delay in visa processing and they told us that there is a higher rate of approval if you are still working while your visa is being process this is just what i have expirience, just my two cents

 

[seboucci]

Hello Gosia, In France, there is a 3 months period before we can quit a job and the company assured us that the visa was a 2 months process...
Too confident, of course...

 

[scylla]

Yes - the company has the right to cancel a contract. There was also no guarantee the LMO was going to be approved (and if the LMO had not been approved you would also be out of a job).

 

[seboucci]

Scylla, i agree that i would be out of the job if the visa had not been approved and it was the risk. But I am a very specific IT expert. The contract states that I start as soon as I have the visa. I think there are many chances that the LMO is positive or will be positive. But the company refuses to give me the details of the application for LMO. I just can't check anything.

 

[ajay93]

Hello,
I signed a contract in March 2013 with a large company in Toronto. As we were told he had two months to get the working permit so my wife and I resigned from our respective jobs in France . We sold all our goods : car, motorcycle , bed, TV etc... all our furniture. We rented out our apartment to get back at our parents' house. We are waited patiently for five months without any income and ready to fly at any time.
Five weeks ago, I asked the company to send me the LMO's tracking number because I wanted to get some income from the French government, but nobody responds in the Canadian company despite my repeated reminders! Last night, the company finally announces us that they decided to cancel the job because of the visa's delay and financial difficulties.

I do not know anything about labor law in Canada. Does the company has the right to cancel a contract like that even if the contract has been signed by both sides? I think it's possible to get benefits for the injury suffered right? We intend to hire a lawyer in Toronto but I would like to have advice on the best way to handle this situation.
Any help would be welcome .
Thank you

Hi I almost got in the same situation like yours.you can see my time line. just in short.Have a arranged job offer from canada through a representative .
last mnth i got my work permit visa . after which i called the employer to inform him that iam gone travel this month to canada. here comes the surprise he says just he doesent need me any more.after all the time ,Money i spend.resigning from the job almost a year.( having a same thought like yours.)
So what i do i call the representative & inform them Accordingly & said that gone hire a lawyer to solve this stuff.
The next day the representative call & tell me that even if go to the court for this reason ,my chances are zero of going to canada ,Because the judge just gone cancel the work permit of mine & i dont need to pay the employer the Money that he spend for my the Advertise & LMO .
So what is my option Nothing at all. but i stayed firm & said doesent matter but iam gone fight for my right .
The next day another call saying that ok the employer agreed to give the job offer but only untill next year.
But the mistake you guys did was didnt wait for a positive LMO, medicals or request for passport. Also resigned from your respective job without any Strong proof of going to canada.
Dont give up try to get at least some contact with the employee or make a deal acordingly.
Any Ways best of luck. May be could help in any way my experience.

 

[seboucci]

Thanks ajay93 for sharing your bad experience.
Did you sign a contract with the company ? In mine, it states that "The employement relationship shall commence on receipt of Canadian Work VISA"
But i have absolutely no insight about my LMO process.
The company offer me 1,5 month salary as indemnities...

 

[ajay93]

Hi ,as i can see your chances are very low of getting to canada.
What i advice if you really want to go to canada then try to make a deal with the Ex-employer by being patient or try to find another employeer who can make the lmo For you. Because there are very less chances by hiring a lawyer & making a proces Against the employeer.
Which is gone be no use just waste of Money in this situation.
But dont give up ,start your life again in france insted of wasting time just to find answers .( no offense )
The canadian law is totally bullshit when it comes to TWP.
Best of luck.