Employment / Labour Law
A Class Action is a civil action brought by one or more representative on behalf of a larger group of victims (the class members) for matters involving common defendant(s) involving the same transaction or related transactions. A class action is a collective effort for cost minimization and judicial efficiency.
Class action suits can be used for a wide array of employment and labour law cases. For instance, class actions can be used in the context of labour dispute between unionized workers and the employer, human right codes violation in the workplace involving systematic discriminative corporate practice or a corporate culture where sexual harassment & violence is commonplace, massive layoffs of non-unionized workers without compensation or severance, etc …
An action could either start as a class proceeding by seeking a leave from court in obtaining an Order for Certification from the Court certifying it as a class action. A case could also be initiated as an individual action and be amended into a class proceeding by amending the statement of claim. During the Certification hearing, the Court will consider whether common issues are raised, whether a class action is preferable and whether there is a suitable representative plaintiff who can fairly and adequately represent the interests of the class, whom have no conflict of interest with other class members, and have a plan for pursuing the action and for notifying other class members.
If it is a Class Action, following a determination of the common issues, the Court will then address individual issues. Broad discretions are given to the Court for the distribution of monetary relief. The Court may order individual assessments for class members or the relief awarded be distributed to the class members in some other fair ways. Although most class action proceeding ends with a settlement, some advance to trial sparingly.
A Class Action suite is extremely complicated and is highly technical. If you are a victim resulted from a transaction involving more than one victims, you are advised to seek legal advice immediately before the matter is statutory barred from commencing.
If you intend to bring a class action against the employer as an representative plaintiff or you are an employer defending against a class action suit, HTW Law can help. Call us now at 647-849-6582 or send us a message if you have some legal questions / inquiries or want to schedule an appointment with HTW Law.