Tim Hortons 'wage theft' claim prompts call for police probe

The B.C. Federation of Labour wants police to investigatethe owner of a Tim Hortons in Fernie, B.C., after two former workers accused him of cheating them out of overtime pay.

• Tim Hortons boss accused of cheating workers for OT

HeideKibanoffand her boyfriend, RichardPepito, sayPierrePelletierhired them and other Filipinos under Canada's Temporary Foreign WorkerProgram to work at the TimHortonsinthe small town,where they often put in long hours.

The pair allege thatPelletieroftenmade sure thattheovertime that was paid came back to himin cash even driving employees to the bank and waiting while they cashed their paycheques.

CBC News has interviewed nearly half a dozen employees with a similar story at the Tim Hortons in Fernie, but cannot identify them,because they fear losing their jobs and being sent back to the Philippines.

Jim Sinclair, president of the B.C. Federation of Labour, is now calling on the RCMP to investigate the case.

"This could clearly be a case, from what we've been told from those workers, of wage theft," said Sinclair.

"And we've asked the RCMP to investigatebefore and they have. And we'll be approaching the RCMP in this case to investigate, and if they find a case of theft, order the company to pay or charge them."

Sinclair believes the entire Temporary Foreign WorkerProgram isun-policedby the federal government or province.

"We as Canadians are letting this happen. They're coming to Canada under our program and if employers are abusing them, the least we can do is say you can stay, you can work here.

"We obviously need you. You're good enough to work here, you should be good enough to live here. Then you should be allowed to stay."

Head office investigating

Documentsobtained by CBC Newsshow an internal investigation intoPelletieris already underway at the head office of Tim Hortons.

Pelletier is also accused of charging employees the processing fees for renewing their temporaryworkpermits.According to regulations, the employer is responsible for paying those fees.

Pelletier has not returned CBC's calls for an interview. However, Fernie MayorMary Giulianosaid Pelletier is well known in the community.

"Whenever there's any events and he's asked, they're the first ones to deliver food to all of the events, so the community knows them as very generous, giving people," Giuliano told CBC News.

Kibanoffleft her job at Tim Hortons in June, but saidshe's still haunted by the painful memories. Pepito also quitandfiled a complaint with the B.C. Employment Standards Branch.

A hearing date has been set for February. The couple are also preparing to file a complaint with the B.C.Human Rights Tribunal.

None of the allegations have been proven in court.