Three years ago, Xstrata Nickel worker George McIvor was carrying a piece of heavy equipment after finishing a job, when he tripped and fell to his knees, injuring his back in two places.

“Ever since then, my life has gone downhill,” he said.

After his injury, the 56-year-old man worked at the company's modified work centre, making safety equipment. But in early 2009, McIvor and almost 700 workers found themselves out of a job after layoffs at Xstrata Nickel's Sudbury operations.

With the rebound in the economy and a new contract between Mine Mill Local 598/CAW, Xstrata Nickel started recalling some of the laid off workers earlier this year.

But McIvor, who was 28th on the recall list, said he was shocked when he was bypassed by the company in the recalls.

“On Monday, it will be five months that I've been bypassed on the recall list,” he said. “They're saying they don't have any work for me within my restrictions.”

Vicky and George McIvor have held protests in front of Xstrata Nickel plants almost every day for the past month. They were joined by about 30 supporters at a rally in front of the company's Nickel Rim South Mine during the evening of Aug. 18. McIvor, who was injured on the job about three years ago and laid off by the company in 2009, said he was not recalled by the company this year because of his injury. Photo by Heidi Ulrichsen.

McIvor and two other workers in the same position received support from about 30 community members at a rally held at the entrance to Xstrata's Nickel Rim South Mine during the evening of Aug. 18.

McIvor and his wife, Vicky, have held protests — most of them in the early morning — in front of Xstrata Nickel's Sudbury plants almost every day for the past month. Sometimes they stand on the side of the road alone, while at other times they receive support from community members.

He said the company, by law, has a duty to find work for injured workers.

While McIvor is currently out searching for another job, he said he's hopeful he and the other injured workers will get their jobs at Xstrata Nickel back soon.

Local 598 filed a grievance on behalf of the workers, and McIvor said he has a stage two grievance meeting with the company's human resources department at the end of August.

McIvor also filed a complaint regarding his situation earlier this month with the Ontario Human Rights Tribunal of Ontario.

The tribunal is designed to deal with claims of discrimination under the Ontario Human Rights Code.

Representatives of Xstrata Nickel were not immediately available to comment on the issue.

However, Peter Fuchs, Xstrata Nickel's director of corporate affairs, told Northern Life in an e-mail in July that all employers in Ontario, including Xstrata Nickel, are bound by provincial legislative requirements to accommodate injured workers.

“We not only comply with such requirements and with our collective agreements, but we take such matters very seriously,” he said.

Another injured worker who was laid off by Xstrata Nickel in 2009 spoke to Northern Life at the rally on the condition of anonymity.

He said he was hurt just four days before the layoffs, but has worked hard to recover from his injury, losing 50 pounds and regaining his range of motion.

He has a message for those who are currently working for Xstrata Nickel — work safe and don't get hurt.

“If you get hurt, you're no good to nobody,” he said. “If you're doing something unsafe for the company, it's not worth it. You'll just be in the same position that I am — out of a job for no reason.”