The Toronto Star reports on a new class action against security companies for unpaid wages
The Toronto Star talks to Josh Mandryk and Christine Davies about a potential new class action against Primary Response Inc. and Garda Canada Security Corporation.
The statement of claim alleges that the Primary Response, which was purchased by Garda Canada, violated the Employment Standards Act, 2000 and its contracts of employment with security guards by requiring security guards to show up for work a minimum of fifteen minutes early, but failing to compensate them for this time.
The claim also alleges that Primary Response unlawfully averaged security guards’ overtime pay over a two-week pay period, despite the fact that its overtime averaging agreement had expired and a subsequent application for approval had been rejected by the Ministry of Labour. The claim also alleges that Primary Response made uniform deductions from payroll which did not comply with the ESA.
“This is about defending core employment standards protections for a group of precarious workers facing well-documented barriers to enforcing their rights,” said Joshua Mandryk, a lawyer with Toronto-based labour law firm Goldblatt Partners, which initiated the suit.
“Although the law is quite clear, off-the-clock work and unpaid overtime similar to that alleged in this case are all too common in our economy. We hope this case sends a strong reminder that ‘off-the-clock’ time required by an employer is work which must be compensated.”
“Security guards work long hours in challenging and potentially dangerous situations. Like all workers, they deserve to be paid fairly for their hard work,” said Goldblatt co-counsel Christine Davies.