TORONTO, April 23, 2019 /CNW/ - Monkhouse Law has filed for an order to certify an $80-million class action lawsuit against RBC Insurance Agency Ltd and Aviva General Insurance Company. The employee class action lawsuit seeks to have the class action time period run from 1993, when RBC insurance was founded. Aviva purchased RBC Insurance in January 2016.
The employee class action lawsuit alleges that the company's practice of calculating vacation and public holiday pay for Singh and other commissioned salespeople at RBC Insurance/Aviva violated the Employment Standards Act (ESA). Here is the full statement of claim.
The class action was filed on behalf of representative Plaintiff Kabir Singh, an RBC insurance advisor at RBC from 2016 to April 2019. Allegations in the statement of claim must still be proven in court.
Specifically, the employee class action lawsuit alleges that commissioned salespeople were short changed by the two companies because the vacation and public holiday pay that was paid to employees was based solely on their base salary and not total compensation. As a result, those employees are owed substantial back pay.
"This practice undercompensates these employees and deprives them of having real vacations. These actions undermine the rationale behind providing paid vacation pay in the first place," said Andrew Monkhouse, founder of Monkhouse Law.
IMPORTANT - No action is required by employees to join this class action. In Ontario, class action lawsuits are an "opt out" system, so if this class action lawsuit is certified, all employees who fall under the class action definition will be members of the class unless they opt out.
Former commissioned salespeople with either RBC or Aviva who have information that may assist the litigation should contact Alexandra Monkhouse at 416-907-9249, ext. 211 or [email protected].
Affected employees of RBC or Aviva can keep up-to-date on the employee class action lawsuit by completing this form, on the Monkhouse Law website.
Read the full news release here.
Toronto-based Monkhouse Law is an employment law firm that specializes in: wrongful dismissal, human rights law, labour law, employment insurance claims, and denied long-term disability claims.
SOURCE Monkhouse Law
For further information: Alexandra Monkhouse, Monkhouse Law Barristers & Solicitors, [email protected], (416) 907-9249, x 211