A fresh chapter unfolds as a proposed class action lawsuit takes center stage against The Toronto Dominion Bank. The lawsuit alleges that the bank fell short in compensating its mobile mortgage specialists for vacation and public holiday pay, especially concerning their commissions, volume bonuses, and other variable income components. The damages sought in the statement of claim are staggering, reaching a potential total of $500 million.

This lawsuit, now in motion within the Ontario Superior Court of Justice, seeks justice for over 1,000 TD mobile mortgage specialists located across Canada. It contends that these specialists were owed vacation and holiday pay on top of their standard commissions and non-salary earnings, which were not properly disbursed over the years.

At the forefront of this legal battle stands Jason Chiang, a seasoned mobile mortgage specialist who dedicated nearly 13 years of his career to TD Bank in Vancouver. As the proposed representative plaintiff, Chiang underscores the importance of ensuring that these mobile mortgage specialists receive the rightful vacation and holiday pay dictated by employment legislation. “I am committed to pursuing this case on behalf of all affected employees,” he asserts.

According to the federal Canada Labour Code, employees governed by this statute, including those whose income relies on commissions and bonuses, are entitled to vacation pay, ranging from four to eight percent of their total wages, contingent on their length of employment. The Code also mandates additional compensation for statutory public holidays. However, many employees in various sectors may not be fully aware of these crucial minimum employment standards and how they should be applied.

A legal team from Toronto, consisting of David O’Connor from Roy O’Connor LLP, Stephen Moreau from Cavalluzzo LLP, and Daniel Lublin from Whitten & Lublin PC, represents Jason Chiang in this lawsuit. They stress the significance of adhering to minimum employment standards for all employees. Their immediate goal is to secure the certification of this class action lawsuit, allowing the court to thoroughly examine the allegations contained within the claim.

It’s important to note that these allegations have yet to undergo scrutiny or validation in a court of law. TD Bank is expected to mount a defense and contest the allegations put forth in the claim.

For ongoing updates on this class action lawsuit, affected employees can visit the dedicated website at www.tdunpaidvacationclassaction.ca.

If you have questions about employment contracts, we encourage you to reach out to an experienced employment lawyer. Whitten & Lublin are here to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.