*UPDATE REGARDING DISTRIBUTION OF SETTLEMENT FUNDS*
The last update to the website indicated that we anticipated that payment of the settlement funds would be made in Spring 2022.
However, on April 5, 2022, we were made aware that individuals who fell within supervisory roles or managerial classifications (who are not a part of the class) were mistakenly sent Notices of Certification and Settlement (the “Notice”).
For ease of reference, the class definition and occupational classifications are set out below:
Class Definition: All Security Guards employed by Russell Security in the Province of Ontario, for the period from January 1, 2017 to August 13, 2021, save and except for those employed under a collective agreement.
Occupational Titles: Alarm Response Standdown Guards, Arnell Guards (Bay Adelaide Centre only), Communications Centre Guards, Concierges, Console Guards, Contractor Watch Guards, Corporate Hosts, Couriers, Dock Masters, Elevator Guards, Emergency Constables (North Bay Regional Health Centre only), Fire Watch Guards, Flagperson Guards, Forensic Constables (North Bay Regional Health Centre only), Forensic Operators (North Bay Regional Health Centre only), Gate Guards, Labour Dispute Guards, Loading Dock Guards, Loss Prevention Guards/Operatives, Main Operators (North Bay Regional Health Centre only), Mobile Guards, Parking guards, Passcard Administrators, Patient Watch Guards, Patrol Constables (North Bay Regional Health Centre only), Patrol Guards, Plainclothes Guards, Plant Guards, Probationary Guards, Reception Guards, Security Escorts, Security Guards, Security Operations Centre (SOC) Guards, Senior Guards, Special Events Guards, Traffic Signaller Guards, and Trailer Control Guards.
The list of classifications within the Class does not include supervisory or managerial classifications. Individuals who worked during in such classifications during the class period do not fall within the Class, even if they worked unpaid pre-shift time and are subject to the Defendant’s policies and code of conduct.
Accordingly, the distribution of the settlement funds will be delayed while we work with counsel for Russell Security and the Settlement Administrator in order to investigate and confirm the correct class list and employment data. Once this process is complete, we will notify those individuals who where sent Notices but are not part of the class.
Afterwards, the Settlement Administrator will be able to finalize the class list and send Notification Letters to class members outlining the amount of their share of the Claim Fund based on the Defendant’s records. Once the time for any appeals has passed (as outlined in the Notice of Certification and Settlement Approval and Distribution Protocol, which can be found under the “Documents” tab of the class action website), the Settlement Administrator will then finalize the distribution of the settlement funds and send cheques to Class Members.
We anticipate the process of finalizing the Class List to take several weeks; however we are working to ensure the above steps are completed as quickly as possible so that class members can receive their payments under the settlement in a timely fashion.
Please continue to monitor the class action website for updates.
On March 12, 2021, a Class Action lawsuit was commenced in the Ontario Superior Court of Justice by Maxim Grigoryev ("Grigoryev" and "Plaintiff") against Russell Security Services Inc. ("Russell Security" and "Defendant"). The lawsuit alleged that Russell Security failed to pay wages for pre-shift off the clock time owing to Class Members ("Class Action"). The claim alleged Class Members were directed to attend work 15 minutes before their scheduled shift without being paid.
The parties reached an agreement to settle the Class Action. This settlement has been approved by the Ontario Superior Court of Justice.
The notice found under the Documents tab describes the Settlement in greater detail, including who it applies to, the details of the Settlement, and the process by which Class Members will be compensated.
The Claim Fund will be distributed to Class Members on the basis of the Defendant's records of the weeks worked by each Class Member in the Class Period. Once calculations of Class Member entitlements are completed, the Settlement Administrator will disribute a Notification Letter to each Class Member setting out the amount of their share of the Claim Fund based on the Defendant's records.
Class Members do not need to do anything to receive a cheque other than ensure their updated address and contact information are provided to the Settlement Administrator.
|Objection Deadline||December 6, 2021|
|Opt Out Deadline||Decembe 17, 2021|
|Approval Hearing||December 20, 2021|