If you believe your workplace rights may have been violated, or you have identified a pattern affecting multiple employees, you may be able to suggest a class action.
Monkhouse Law Employment Lawyers is currently advancing a number of employee class actions across Ontario, including claims involving misclassification, unpaid overtime, and underpayment of vacation and public holiday pay. You can explore these ongoing cases on our Current Employee Class Actions page.
In addition to these active cases, the firm has successfully resolved numerous class actions on behalf of employees, recovering significant compensation and holding employers accountable for violations of workplace laws. Learn more about past results on our Settled Employee Class Actions page.
Below are some common examples of workplace class actions:
Shortchanging Vacation Pay or Statutory Holiday Pay Class Actions
One emerging type of employment class action involves “shortchanging” vacation pay and statutory holiday pay.
In these cases, employees are often paid vacation or holiday pay based only on their base salary, while commissions, bonuses, or other forms of compensation are excluded. This can result in employees being underpaid over long periods of time.
Common Types of Employment Law Class Actions
Employment class actions in Ontario tend to fall into several well-established categories. The following overview is adapted from Andrew Monkhouse’s paper,
“Categories of Employment Class Actions”, presented at the Law Society of Ontario Employment Law Summit.
Misclassification: Employee vs. Contractor
These cases involve workers who are treated as independent contractors rather than employees. As a result, they may be denied important protections such as overtime pay, vacation pay, and public holiday pay.
Misclassification claims have become increasingly common in Canada and can expose employers to significant liability.
Unpaid Overtime Class Actions
Unpaid overtime cases typically involve employees who are entitled to overtime pay but are systematically denied it. These cases generally fall into two categories:
“Off the Clock” Cases
These cases involve employees who perform work outside of regular hours without proper compensation, despite being eligible for overtime pay.
Manager Misclassification
Some employers classify employees as “managers” to avoid paying overtime. However, not all employees with managerial titles qualify for this exemption. These cases often require a detailed analysis of job duties and responsibilities.
Constructive Dismissal and Mass Termination
Some class actions arise from widespread changes to employment terms or large-scale terminations. These claims can be complex, as damages such as reasonable notice are often assessed individually.
Sexual Harassment and Systemic Discrimination
Class actions involving workplace harassment and discrimination are becoming more common across Ontario and Canada. These cases often focus on systemic issues within an organization, including an employer’s failure to prevent or address ongoing misconduct.
If you believe your rights may have been affected as part of a larger group, you do not have to navigate this alone.
If you think you may have a potential class action, you can contact Alexandra Monkhouse at .