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A class action lawsuit that claims BlackBerry violated Canadian employment laws was recently certified by the Ontario Superior Court of Justice.
According to plaintiff David Parker, when Ford Motor Co. offered 300 BlackBerry Limited workers employment, the Canadian workers were not guaranteed continued employment with the smartphone company – Ford’s business partner.
The BlackBerry class action alleges that by failing to offer a guarantee of future employment with the company, the defendant violated provincial employment laws guaranteeing statutory and contractual entitlements, such as mitigation earnings.
Parker says he worked for BlackBerry for more than 14 years; however, the company allegedly refused to transfer his years of service to Ford along with his accompanying benefits. These benefits reportedly include terms from his employment contract with BlackBerry, age, and seniority.
The employment offers were allegedly made after Jan. 1, 2016 and the BlackBerry class action was lodged in 2017.
“In or about the Fall of 2016, BlackBerry and Ford arranged to transfer the BlackBerry Employees’ employment to Ford,” states the BlackBerry class action lawsuit. “The BlackBerry Employees agreed to accept and/or were offered employment with Ford. Both BlackBerry and Ford have stated that the Transaction is not a sale of business. Both BlackBerry and Ford have stated that the BlackBerry Employees’ years of service and/or contractual severance entitlements will not transfer to Ford.”
Parker claims that the refusal to transfer employees’ years of service and entitlements to Ford amounts to a termination of their employment with the company.
“BlackBerry has breached its duties of good faith, honesty and to not knowingly mislead the BlackBerry Employees. It has structured the Transaction to circumvent paying the Blackberry Employees’ statutory entitlements,” argues the BlackBerry class action lawsuit.
The recently certified Class includes Canadians who were employees and/or dependent contractors of BlackBerry Limited and who were offered (and accepted) employment with the Ford Motor Company of Canada between Jan. 1, 2017 and April 30, 2017.
Excluded from the Class are “BlackBerry employees who filed a complaint pursuant to section 96 of the Employment Standards Act, 2000 seeking termination pay and/or severance pay and did not withdraw that complaint within two weeks.”
According to Class Counsel, 300 employees were affected by the employment transfer. Most are reportedly located in Waterloo and Ottawa, Ontario while a few are located in other areas in Ontario as well as Nova Scotia.
Class Members do not need to take any action to remain in the BlackBerry class action; however, those who wish to opt out must submit an opt out form by March 15, 2020.
Were you one of the employees transferred to Ford? Tell us your story in the comments below!
The lead plaintiff is represented by Janice B. Payne, Andrew Reinholdt, and Karine Dion of Nelligan O’Brien Payne LLP.
The BlackBerry Class Action Lawsuit is David Parker v. BlackBerry Limited, Case No. 71659, in the Ontario Superior Court of Justice, Canada.
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