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Class action commenced against Primary Response

Goldblatt Partners LLP is counsel in a proposed class action filed August 20, 2018 against Primary Response (“Primary Response”) and Garda Canada Security Corporation (“Garda”), which purchased Primary Response in January 2018.  The class action is for unpaid wages, including overtime, unlawful overtime averaging and unlawful payroll deductions and has been filed on behalf of all current and former security guards who worked for Primary Response in the Province of Ontario since August 6, 2016.

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.

Note: The class action does not include security guards for any period during which the terms and conditions of their employment were governed by a collective agreement.