Update: Class members can now apply for their share of the settlement funds at primaryresponsesettlement.com (the deadline for submitting an application is April 14, 2021). More information here.
On August 20, 2018, a proposed class action for unpaid wages (including overtime) and unlawful deductions was filed against Primary Response Inc. (“Primary Response”) and Garda Canada Security Corporation (“Garda”), which purchased Primary Response in January 2018, on behalf of all current and former security guards who worked for Primary Response in the Province of Ontario since August 6, 2016.
The class action does not include security guards for any period during which their terms and conditions of employment were governed by a collective agreement.
The Statement of Claim filed by the proposed representative Plaintiff alleges, among other things, that Primary Response violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with Class Members by requiring the Class Members to show up for work a minimum of fifteen minutes early, but failing to compensate them for this time, by unlawfully averaging the overtime pay of the Class Members over a two-week pay period despite the fact that its overtime averaging agreement expired and its subsequent application for approval was rejected by the Ministry of Labour, and by making uniform deductions from payroll which did not comply with the ESA.
Goldblatt Partners LLP represents the Plaintiff in this action. Click here to read the Amended Amended Statement of Claim.