BRITISH COLUMBIA

Nanny's Claim For Backpay In Human Trafficking Case Overturned

07/13/2013 01:12 EDT | Updated 09/12/2013 05:12 EDT
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A Vancouver man convicted of human trafficking his Filipina nanny many not have to pay her claim for $34,000 in back pay for unpaid overtime and other work.

Franco Orr and his wife Nicole Huen were both charged with human trafficking of their nanny Leticia Sarmiento.

The couple had brought the live-in nanny with them when they moved to Canada from Hong Kong in 2008, and Sarmiento cared for the family's three children until she called the police in June 2010, claiming she was enslaved by the couple.

When their high profile trial wrapped up last month Orr was convicted, but his wife was acquitted.

But the B.C. Supreme Court wasn't the only place where Sarmiento was looking for justice.

Last year B.C.'s Employment Standards Tribunal had ordered Franco Orr and his wife to pay their nanny $34,000 —including $21,000 in overtime.

Orr appealed that ruling and has won the right for a new hearing because the original decision was based on written submissions only.

The appeal body found the nanny's evidence was all second-hand, presented on her behalf by the West Coast Domestic Workers Association and the matter will now be re-heard with oral submissions.

Meanwhile Orr is still awaiting sentencing for his human trafficking conviction, which he also plans to appeal. He faces a maximum sentence up to life in prison.

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