Sculptors file labour complaint against Toronto Hindu temple
Two men from India claim they are owed more than $33,000 each, but temple officials deny that
The Ministry of Labour is investigating complaints from two sculptors from India who accuse a Toronto Hindu temple of grossly underpaying them and housing them in an unfinished basement with bedbugs.
In complaints filed this month, the workers claim they were made to work between 60 and 70 hours a week and each received $4,500 for five months of work, far below the $18 hourly wage and $27 overtime rate their employment contract with the Sridurka Hindu Temple stated.
The temple denies the allegations, saying the workers were paid the agreedupon rate and provided with comfortable living accommodations.
According to the complaints the workers — Sekar Kurusamy, 50, and Suthakar Masilamani, 46 — are each owed $33,060.87 in unpaid wages, public holiday pay, vacation and termination pay. The two said they were sent home last September, three weeks before their job contract ended.
They claim the temple issued each of them a monthly cheque in the amount of $2,530, but would require them to deposit the cheques, withdraw the entire amount from an ATM and give back the cash. After that, the workers claimed they were returned $900 in cash each.
In affidavits filed with the complaint, the workers say they were housed in the basement boiler room with two other people and slept on cots that had bedbugs, that there were leaks from the ceiling and an unbearable stench. They also complain they were provided stale, leftover food.
“Our Employment Standards Act does not address the power imbalance between these workers and employers,” said the men’s lawyer, John No, of Parkdale Community Legal Services.
“It’s a complaint-driven process. If something goes wrong, the worker has to initiate a complaint. A lot of foreign workers are afraid to come forward because of their restricted work permits. If they complain, they will be out of a job and not have any place to stay.”
Established in 1991, the Sridurka temple, a registered charitable group, is one of the oldest in Toronto and its construction has been ongoing for the last 20 years, with spectacular traditional religious carving and design. Its front tower is scheduled for a grand opening later this year.
In a statement to the Star denying the workers’ allegations, the temple’s board of directors said:
The workers’ basement living area is a 2,000-square-foot open-concept living space, with television and WiFi access; no workers have previously complained regarding the living conditions.
Overtime was not permitted and no overtime work was done, according to the terms of employment signed by the workers.
The workers were paid at the agreed-upon rate, but in a few instances they requested cash advances from the temple, hence they were required to pay back the temple back after receiving paycheques.
Sometimes foreign workers at the temple are sent home before their contract ends because they want to go home early or the harsh winter does not allow outdoor work to continue.
“We are displeased that such allegations have been made against us,” the temple said in its statement. “Hinduism is a religion that strongly believes in and promotes peace and non-violence. The staff reside in the temple and as such we create an en- vironment that promotes this belief.”
Tamil labour advocate Ram Selvarajah said he was approached in August by the workers, who complained to him about the working and living conditions at the temple. He referred them to Parkdale legal clinic.
The ministry confirmed it has received two complaints against the temple, but would not divulge any information about its investigation. Ministry spokesperson Janet Deline said officials would conduct an initial investigation but if a complaint is not resolved, it will be assigned to an employment standards officer, who will conduct a full investigation and decide what enforcement action to take.
Deline could not speculate on how long the investigation will take, but said the government is hiring 175 new employment standard officers aiming to resolve all claims within 90 days and inspect at least one in 10 Ontario workplaces proactively every year.
“We are displeased that such allegations have been made against us.” STATEMENT FROM SRIDURKA HINDU TEMPLE