The family of a Chinese immigrant who died after allegedly working excessive hours for 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 Cheng’s wife Mei Juan Lin and the couple’s 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, Cheng’s 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.
“[Hallmark’s] 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 hasn’t 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.
Allegations that the company overworks its employees are also being investigated by the Employment Standards Branch.
With a report from CTV Vancouver’s Lisa Rossington
