Toronto, ON: An unpaid overtime class action lawsuit has been filed against Canada Cartage Diversified GP Inc., Direct General Partner Corporation, and Canada Cartage System, Limited (collectively "Canada Cartage").
Canada Cartage, with headquarters in Mississauga, Ontario, engages in the business of dedicated trucking, warehousing, distribution, and logistics services across Canada. Direct Distribution Centres is the warehousing division of Canada Cartage, with locations across Canada.
The proposed representative plaintiff, Marc-Oliver Baroch, worked as a shunter at a Canada Cartage location in Mississauga, Ontario for approximately seven years. Mr. Baroch brings this action on his own behalf as well as on behalf of all individuals who, at any time since March 1, 2006, were employed by Canada Cartage or its related companies and who were entitled to receive overtime compensation pursuant to the Canada Labour Code and its regulations.
The Statement of Claim alleges that Canada Cartage regularly required or permitted some or all of its former and current employees to work hours in excess of their standard hours of work in order to complete the common duties of their employment. However, according to the lawsuit, Canada Cartage did not properly compensate these employees for overtime, notwithstanding its obligations to do so.
The Statement of Claim further alleges that in or about July 2012, Canada Cartage improperly and unilaterally reduced class members' rates of pay without reasonable notice in order to make it appear as though class members were being appropriately paid overtime. In fact, according to the Claim, Canada Cartage manipulated class members' rates of pay such that their gross weekly earnings remained unchanged.
"This case seeks to pull back the curtain to reveal the long-standing and systemic practice by Canada Cartage of not fully compensating its employees for overtime," said Eric R. Hoaken, a partner at Lax O'Sullivan Scott Lisus LLP representing the plaintiffs. "The essence of the claim is that Canada Cartage did not meet its obligations to the class members and actively sought to mislead them about their entitlement to overtime. These practices must stop."
