Class action lawsuit certified on behalf of employees whose employment was transferred from municipal providers to Community Care Access Centres in or around 1997

TORONTO, Dec. 23, 2014 /CNW/ - An action alleging that the Province of Ontario breached its contractual undertaking to certain employees whose employment was transferred from municipal providers to Community Care Access Centres in or around 1997 has been certified as a class proceeding. Darlene Alexander of Stratford, Ontario, is the representative plaintiff.

The allegation in the claim is that the defendant undertook to ensure that the affected employees would not suffer financial losses with respect to their pension rights. The class action seeks monetary compensation and a declaration that the breach of this undertaking has caused and will cause the Class financial losses to their pension benefits.  The Province of Ontario disputes the claim.

The Class Members are:

(a)   employees and former employees of municipalities or service providers associated with municipalities (hereinafter referred to as "municipal providers") whose employment was transferred from the municipal providers to newly-established Community Care Access Centres ("CCACs") and who were members of CUPE at the time of the transfer and who did not subsequently become members of the Ontario Nurses Association ("ONA") or the Ontario Public Service Employees Union ("OPSEU") and for greater certainty, those who became enrolled in the Healthcare of Ontario Pension Plan, formerly known as the Hospitals of Ontario Pension Plan, ("HOOP") and were previously enrolled in the Ontario Municipal Employees Retirement System ("Former Plan"); and

(b) employees of the municipal providers whose employment was transferred from the municipal providers to CCACs who subsequently became members of CUPE and who were not members of CUPE, ONA, or OPSEU at the time of the transfer

If class members want to be excluded from the class, they must send a letter indicating their desire to opt-out to the law firm Sack Goldblatt Mitchell LLP ("SGM"), class counsel. A copy of the Notice of Certification, with information in respect of opting-out, can be found at http://www.sgmlaw.com/en/practiceareas/Alexander.cfm.

SOURCE: Sack Goldblatt Mitchell

Jordan Goldblatt (416.979.4252) ([email protected])