Class Actions
Mass Terminations



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A class action is a type of lawsuit where the plaintiff is a group of individuals with a common complaint against the defendant


​Judicial Economy

There can be hundreds or even thousands of plaintiffs. Class actions are special in that the plaintiff group has be certified by the courts before the lawsuit can continue. Among other requirements, the plaintiff must demonstrate that there is a common issue to litigate and that a class proceeding would be the preferable procedure for resolving that common issue. Class actions have a policy objective of access to justice and judicial economy. Class actions have now been permitted in employment law cases. Class actions have been made for overtime, holiday pay, vacation and sometimes for wrongful dismissal. In recent developments, class actions have recently been launched by workers against their former employer with respect to the mishandling of “mass terminations”. See Dillon v. Novi Canadian ltd. (1999), 45 C.C.E.L. (2d) 23 (Ont. S.C.J.). Many large organizations will feel the need to restructure their operations, sometimes terminating large groups of employees to reach this goal. The Employment Standards Act has special rules when it comes to “mass terminations”. In Ontario, a mass termination is when 50 or more employees are terminated within a four-week period. Employers who are planning to take this step must complete and submit a Form 1 (Notice of Termination of Employment) to the Ministry of Labour’s Director of Employment Standards, who will respond with a letter of acknowledgement. The employer must also provide the employees with individual notices of termination and they must post a copy of the Form 1 on the first day of the notice period.

​As for notice, an employee’s notice is not determined by the length of their employment. Instead, the amount of notice is based on the number of employees who were terminated. If 50 to 199 employees were terminated, they each receive eight weeks’ notice. If 200 – 499 employees were terminated, they each receive 12 weeks’ notice. If 500 plus employees were terminated, they each receive 16 weeks’ notice. There are exceptions to these special mass-termination notice rules such as if the total number of employees terminated is less than 10% of all employees employed for at least three months or if none of the terminations are caused by the permanent closure of the employer’s business at the establishment. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.


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Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
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