class action suit

Did bringing a class action over changes in post-retirement benefits just get easier?

April 2, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

On January 16, 2014, the Supreme Court of Canada released its long-anticipated decision in Vivendi Canada Inc. v. Dell’Aniello. The decision affirmed the Quebec Court of Appeal’s 2012 judgment certifying a class proceeding by retirees of Vivendi Canada (formerly Seagram) and their beneficiaries over the company’s unilateral reductions in their post-retirement health and welfare benefit coverage.

class action suit, class certification, employment law, identical, judgment certifying a class proceeding, post-retirement benefits, post-retirement health and welfare benefit coverage, Quebec Court of Appeal, related or similar question of law or fact, retirees, Vivendi Canada Inc. v. Dell’Aniello

Denny’s temporary foreign workers employment standards class action suit gets certified

May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…

BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages

After hours access to work may lead to overtime claims

September 29, 2009 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources

We’ve been hearing lately that in the United States employers are being held liable to employees for overtime compensation for using PDAs/BlackBerrys after hours for work and for checking work-related emails. We’ve been made aware of four such class action suits by employees that allege, among other claims, that the company provides them with BlackBerrys or other smart devices, and that they are required to review and respond to work-related emails and text messages at all hours of the day, amounting to 10 to 15 overtime hours per week.

Blackberrys, canadian employment law, cellphone use, class action suit, employment law, employment standards, hours of work, HR issues, Human Resources, Labour Law, overtime, PDAs, policies and procedures, policy, portable devices