19 August 2019 11:30
Photo : Freepik
A class action was filed on 2 August in the superior Court of justice of Ontario against the RBC Life Insurance Company. The complainant and representative of the action, Maureen Barrett, demand an amount of $ 80 million on behalf of the employees of the company.
The plaintiff alleged a failure on the part of the defendant with respect to vacation and paid holidays as well as for the extra time needed to take the employees to meet the standards of the company.
These offences, according to the law firm ontario Monkhouse Law, who is responsible for this matter, would be against the Employment Standards Act (ESA), established in 2000.
The amount claimed would allow employees and ex-employees to recover sums that are due, one can read in the class action claim.
It is to be noted that, last April, RBC Insurance Agency Ltd. had also been the subject of an appeal that is similar, but it did not include the portion of the unpaid overtime.
The alleged offences
The amount that the employee would have received for the paid leave would be a percentage of their base salary, not total salary, which, according to the plaintiff, is not sufficient.
Total compensation includes base salary and incentives given to employees for their sales performance, according to the ESA. In the case of Ms. Barrett, for example, an amount of $ 6,000 was added to his base salary of $40,000.
In overtime, they would not have been recognized by RBC Life, while according to the plaintiff, it was necessary to work above 44 hours per week to achieve the sales targets.
In addition, the ESA states that for each hour of overtime worked, the employee must receive 1.5 times his hourly pay usual.
Note that the plaintiff wants a trial on the dispute will be held in Toronto, Ontario.