Toronto Dominion Bank is under scrutiny after a class action lawsuit was filed alleging that the bank failed to compensate its mobile mortgage specialists properly for vacation and public holiday pay on their commissions, volume bonuses, and other variable payments.
The claim, seeking damages of up to $500 million, was lodged in the Ontario Superior Court of Justice. It highlights potentially unpaid vacation and holiday pay spanning various years for a class comprising over 1,000 TD mobile mortgage specialists across Canada, according to a press release from Cavalluzzo LLP.
The lead plaintiff, Jason Chiang, a mobile mortgage specialist with nearly 13 years at TD bank in Vancouver, emphasized the need for a court to evaluate whether the bank is meeting the required employment legislation concerning vacation and holiday pay.
“I am pleased to advance this case for all these employees,” Chiang said.
According to the federal Canada Labour Code, employees, inclusive of those remunerated partially or entirely via commission and bonuses, are entitled to vacation pay ranging from four to eight per cent of their total earnings based on their employment duration.
Moreover, the Code stipulates that these workers receive additional compensation for statutory public holidays. However, many in various industries remain unaware of these minimum employment standards.
The legal team representing Chiang includes attorneys David O’Connor of Roy O’Connor LLP, Stephen Moreau of Cavalluzzo LLP, and Daniel Lublin of Whitten & Lublin PC. The team highlighted the significance of adhering to minimum employment standards and stated their intentions to request certification for this group of employees. Should the case be certified, the court will then review the issues highlighted in the claim.
The allegations in the claim have not been tested or proven in court, but the press release issued by Cavalluzzo LLP noted that it “is expected that the TD Bank will defend the action and deny the allegations contained therein.”
A website has been set up at www.tdunpaidvacationclassaction.ca.
