Two Sudbury staffing agencies are at the centre of a proposed $10-million class action lawsuit over unpaid training, said a Toronto-based law firm representing a former client.
Alexandra Monkhouse, of Monkhouse Law, employment lawyers in Toronto, said the two agencies, Workforce Inc. and SOS (Sudbury), place skilled workers in and around the Northern Ontario area.
Workers who say they should have been paid for taking mandatory training programs are seeking $10 million.
None of the allegations in the proposed lawsuit have been tried in court.
Monkhouse said in a news release it has applied to the Ontario Superior Court of Justice to have the claim of a former client of both agencies certified as a class action. Monkhouse Law is also actively seeking others who were not paid for undertaking training programs in contravention of the Ontario Employment Standards Act.
“At this stage, we are looking to the court to certify this as a class action and to allow the court to deal with the action for the group because there are many others in the same situation,” said Monkhouse in the release. “This is the first step of the legal journey toward justice because the Employment Standards Act is quite clear about this. Time spent in training that is required by the employer or the law as a condition of employment will be considered working time and must be compensated.”
The claim alleges Workforce and SOS systemically required employees to complete training but did not pay them and sometimes demanded they pay any costs associated with the training out of their own pockets, again contrary to the Employment Standards Act, said Monkhouse.
“Individually, they could never afford to hire legal counsel and to mount this case, but that’s what class actions are for,” she said. “This is a group of people who were wronged by the actions of these companies and they deserve compensation. It also sends a strong message to employers not to take advantage of employees.”
The claim seeks $10 million to cover lost wages, which includes $4 million in punitive damages.
Monkhouse is actively seeking anyone who worked for SOS or Workforce in Ontario and was directed to undertake training without pay and or pay for the training programs themselves to contact their office.
**Since publishing this story, Sudbury.com has reached out to Workforce Inc. for comment, but messages have not been returned.
