Ontario Court Certifies Class Action against Deloitte regarding misclassification of lawyers as Independent Contractors

Deloitte faces lawsuit alleging it misclassified document reviewers as independent contractors

TORONTO, April 18, 2017 /CNW/ - A class action against Deloitte involving document reviewers has been certified by the Ontario Superior Court of Justice, subject to Court approval of amendments to the proposed class definition and the replacement of the representative plaintiff.  The action alleges that document reviewers working for Deloitte were misclassified as  independent contractors and are employees. The claim seeks compensation for unpaid vacation, unpaid statutory holiday pay and unpaid overtime.

The proposed class consists of 418 lawyers who were doing document review at Deloitte since Deloitte purchased the document review company ATD Inc.

The decision is a significant step forward for misclassified workers who do not have the same protections as employees. Justice Belobaba considered the changing employment landscape noting that companies are increasingly labelling employees as self-employed in an effort to reduce operating costs. Justice Belobaba also clarified that having two jobs does not mean that a worker is not an employee.

Putative Class Counsel seeks a new representative plaintiff for this action to be viable. If you worked as a document reviewer for Deloitte and are interested in becoming a representative plaintiff please contact Andrew Monkhouse at andrew@monkhouselaw.com or David Fogel at dfogel@lmkalwyers.com. If a new representative Plaintiff is not found by June 12, 2017, the action will be dismissed.  

"This certification motion shows that employers who misclassify employees as contractors can have substantial liability towards those workers, no matter what the contract says," said Andrew Monkhouse. "The case is a reminder that even the largest companies in Canada are subject to the same laws relating to the treatment of their workers."

Sam Marr and David Fogel said that the decision "reflects the economic realities of workers in today's economic climate" and "it would be a loss to all workers if a new representative plaintiff is not found resulting in the dismissal of this action."

None of the allegations have been proven in court, and Deloitte denies liability.

Links:

Decision of Justice Belobaba dated April 13, 2017: http://www.monkhouselaw.com/wp-content/uploads/2014/12/Sodhi-signed-original-certification-decision-.pdf

Amended Statement of Claim: http://www.monkhouselaw.com/wp-content/uploads/2014/12/Amended-SOC-Sondhi-S.pdf

SOURCE Monkhouse Law

For further information: Andrew Monkhouse, Monkhouse Law, Tel: 416-907-9249; David Fogel, Landy Marr Kats LLP, 416-221-9343

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