Morris v. Solar Brokers Canada Corp.

Key Points:

• Claim: Misclassification of non-managerial sales representatives as independent contractors instead of employees.
• Allegations: Defendants failed to pay minimum wage, overtime, vacation, holiday, premium, termination, severance pay, and contributions to CPP and EI, as required by the Employment Standards Act (ESA).
• Class Certification: Certified on December 2, 2019, for non-managerial sales representatives from January 1, 2016, to December 31, 2019.
• Class Size: Approximately 100 members divided into two subclasses: Lead Generators and Appointment Bookers.

Settlement Details:

• Total Settlement: $62,000, negotiated by Defendant Jean Claude Awwad.
• Corporate Defendant: Insolvent; Joseph Barker not located.
• Distribution: After deducting $20,000 for legal fees, approximately $42,000 will be distributed to class members, resulting in individual payments between $420 and $840.
• Administration: Class Counsel to administer the settlement without additional fees.

Settlement Rationale:

• Guaranteed Recovery: Ensures class members receive payment without further litigation.
• Avoids Delays: Prevents delays and risks associated with trial and appeals.
• Behavior Modification: Sends a message regarding proper classification of employees.
• Pro-rata Payments: Distributes payments based on work duration and position without individual damage proof.
• Cost and Risk Avoidance: Avoids lengthy litigation and risk of unenforceable judgment.

Court's Decision:

• Approval: Settlement, distribution plan, notice plan, and Class Counsel's fee request of $20,000 approved.
• Fair and Reasonable: Settlement deemed in the best interest of the class members considering the circumstances and risks.