Class Actions
Mass Terminations

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

Featured by as most frequently recommended employment lawyer.

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

PLAINTIFF GROUP

​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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Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

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