Why Did This Happen in the First Place?

Section 5 of the BC Labour Code reads as follows:




Prohibition against dismissals, etc., for exercising employee rights


5 (1) A person must not


(a) refuse to employ or refuse to continue to employ a person,
(b) threaten dismissal of or otherwise threaten a person,
(c) discriminate against or threaten to discriminate against a person with respect to employment or a term or condition of employment or membership in a trade union, or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,


because of a belief that the person may testify in a proceeding under this Code or because the person has made or is about to make a disclosure that may be required of the person in a proceeding under this Code or because the person has made an application, filed a complaint or otherwise exercised a right conferred by or under this Code or because the person has participated or is about to participate in a proceeding under this Code.
(2) If no collective agreement respecting a unit is in force and a complaint is filed with the board alleging that an employee in that unit has been discharged, suspended, transferred or laid off from employment or otherwise disciplined in contravention of this Code, the board must forthwith inquire into the matter and, if the complaint is not settled or withdrawn, the board must
(a) commence a hearing on the complaint within 3 days of its filing,
(b) promptly proceed with the hearing without interruption, except for any necessary adjournments, and
(c) render a decision on the complaint within 2 days of the completion of the hearing.



So why was this ever allowed to happen in the first place:

From http://www.globeandmail.com/ National Section
LABOUR

Migrant workers fired from B.C. greenhouse as union vote neared

WENDY STUECK
September 16, 2008

VANCOUVER -- Fourteen Mexican farm workers employed at an Abbotsford greenhouse were fired from their jobs and sent back to Mexico days before a union-certification vote, the United Food and Commercial Workers Canada said yesterday.

The workers were terminated late in the day on Sept. 5, a Friday, before being driven to the airport the next day in time to catch an afternoon flight to Mexico, the union said.
On Sept. 4, the UFCW had filed an application to represent 29 employees at the company, Floralia Plant Growers Ltd.
Workers were scheduled to hold a certification vote today. (Sept 16,2008)

A woman who answered the phone at the company late yesterday afternoon said in response to questions, "I can't tell you anything" before hanging up.
The union has filed a complaint with the British Columbia Labour Relations Board and asked the board to order the company to rehire the workers and pay for their flights back to Canada, said Local 1518 spokesman Andy Neufeld.
"We are currently before the labour board on this," Mr. Neufeld said, adding that the union believes the workers were sent back to Mexico in retaliation for union activities.
Hearings are scheduled for this week. [Snip........]

A June study of B.C. farm workers by the Canadian Centre for Policy Alternatives and Simon Fraser University found farm workers are routinely exposed to pesticides and other chemicals; immigrant workers are regularly transported by farm labour contractors in vans that violate safety regulations; and health and safety standards are routinely violated, for example, by employers failing to provide adequate washroom facilities or water for hand-washing.
The union said the labour board has issued summonses for Floralia workers to appear before the board and taken steps to help the employees understand their rights.

Farm workers in BC can be hired under a Federal program called the Seasonal Agricultural Workers Program started in the '70's and adopted in BC because the industry said it was having trouble hiring Canadians to do the job.(Gary E)

So what's wrong with this picture? Why were these workers fired?

It will be interesting to see what the company gives as a reason. My bet is that they will say either that they were no longer needed (in the middle of harvest season) or that they were lazy (which would be more true of some young domestic workers I know of).

I didn't do too much in depth searching but I haven't been able to find this article in the local MSM. I did find it in The Tyee.
After a Google search on the three main BC papers, I found nothing on this subject.

Please let me know if you spotted this article in the local media.