In Ontario, an worker has two avenues for bringing claims regarding alleged breaches of the Employment Requirements Act, 2000 (ESA), together with an alleged failure to pay wages or a wrongful dismissal declare, in accordance with one authorized professional.
Claims of underpayment
Within the lawsuit, Leigh Cunningham – a former RBC Dominion Securities (RBC DC) funding advisor who earned fee funds – claims that the employer improperly underpaid commissioned funding advisors and their associates and assistants.
That apparently occurred when the corporate did not pay extra trip and statutory vacation pay on high of their commissions or variable revenue, she says.
Provincial laws requires employers to pay trip and public vacation pay on all wages earned, together with variable revenue similar to commissions. Employers are additionally required to document and report the calculation and fee of trip and public vacation pay for workers, notes legislation agency Cavalluzzo.
The Ontario Superior Court docket of Justice launched a call certifying the lawsuit as a category continuing on Dec. 29, 2022.