Misclassification Class Action Launched Against Just Energy
TORONTO, May 5, 2015 /CNW/ - Koskie Minsky LLP has initiated a class action against Just Energy Group Inc., Just Energy Corp., and Just Energy Ontario L.P. (collectively "Just Energy") for its artificial misclassification of its door-to-door Sales Agents as "independent contractors" instead of employees, and thereby its failure to provide such employees with the minimum protections of the Employment Standards Act, 2000 ("ESA"), including minimum wage, overtime pay, vacation pay, and public holiday and premium pay – compensation to which the employees were entitled and earned.
The Statement of Claim issued May 4 alleges, among other things, that Just Energy breached its statutory and contractual duties to the Sales Agents by requiring them to work well beyond permitted weekly work hours and failing to appropriately provide them with minimum wage, overtime pay, vacation pay and public holiday and premium pay, in accordance with the ESA. The allegations have not yet been proven in court.
Generally, the class to be represented is comprised of all Ontario current and former Sales Agents of Just Energy since 2012. Class Counsel believes that the estimated class size could be in the thousands.
Kia Kordestani, a former Sales Agent with Just Energy, is the proposed representative plaintiff seeking to pursue the action on the class members' behalves. Mr. Kordestani worked as a Sales Agent at Just Energy from June 2012 until June 2013.
As stated by David Rosenfeld, a partner in Koskie Minksy LLP's class actions group, "For too long, Just Energy has been artificially misrepresenting to their employees the status of their employment relationship and abusing its position of power by failing to recognize basic minimum employment standards. This case seeks to provide access to justice for thousands of Just Energy Sales Agents so that they can seek the basic minimum employment standards and obtain compensation to which they are entitled and for which they worked so hard."
Koskie Minsky LLP represents the plaintiff in this action.
SOURCE Koskie Minsky LLP
Share this article