Class Action Litigation - A New Tool for Union Organizing?

July 16, 2012
Jock Finlayson

Human Capital Law and Policy v2 n3

On March 5, 2012, the BC Supreme Court certified a class action, brought on behalf of temporary foreign workers recruited to work in a Denny’s Restaurant franchise in Vancouver: Dominguez v. Northland Properties Corp (COB Denny’s Restaurants). The lawsuit alleged that recruiting companies engaged by the Denny’s franchisee charged agency fees contrary to the Employment Standards Act, and claimed damages, aggravated damages and punitive damages against the franchisee for breach of contract in failing to pay overtime and provide 40 hours of work per week as promised, as well as breach of fiduciary duty, a duty of good faith and fair dealing, and unjust enrichment.

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