Christina Spicer  |  January 1, 2020

Category: Labor & Employment

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A wage freeze class action against the University of Victoria has been certified.A Canadian appeals court has granted certification to the proposed Class in the University of Victoria wage freeze class action lawsuit.

Lead plaintiff Susan Service, a British Columbia resident, alleged in the University of Victoria wage freeze class action lawsuit that the institution violated her employment agreement when it banned all wage increases in September of 2012.

The plaintiff says she works at the University as a member of the Professional Employees Association. The terms and conditions of the employment of members of the Professional Employees Association is reportedly governed by an employment agreement.

This agreement, according to the complaint, provides for automatic wage increases depending on an employee’s salary range and performance level. Under the agreement, alleges the plaintiff, employees are entitled to a 2.5 or 3 percent wage increase if they achieve their performance level.

The plaintiff says she was given a 2.5 percent wage increase in July of 2012 per the terms and conditions of the employment agreement. However, in September of that same year, she and other employees were allegedly informed of a University of Victoria wage freeze, reportedly a result of a province-wide policy halting pay increases for those employed in public sector management.

The plaintiff says she objected to the wage freeze on her pending 2.5 percent pay increase because it violated the terms and conditions of the Professional Employees Association’s terms and conditions.

According to the University of Victoria wage freeze class action lawsuit, a representative of the human resources department at the institution sent an email to all employees stating that there was no “exit from the freeze policy.”

The University of Victoria wage freeze class action lawsuit alleges that the institution further violated the employment agreement by failing to implement an incremental wage increase per the terms and conditions of the agreement in 2013 and 2014.

The plaintiff seeks to represent a class of University of Victoria employees who are members of the Professional Employees Association, reportedly estimated to be 134 people. The University of Victoria wage freeze class action lawsuit contends that these employees have suffered damages as a result of the wage freeze and the institution’s failure to meet the terms and conditions of the employment agreement.

A lower court in British Columbia reportedly rejected class certification in the University of Victoria wage freeze class action lawsuit. However, a three judge panel of the British Columbia Appeal Court recently overturned the decision.

In the court’s decision, Justice Susan Griffin noted that the commonality between the Class Members is the Professional Employees Association employment agreement.

The University of Victoria maintains that it has every right to change the terms and conditions of the employment agreement and it was attempting to follow the provincial mandate for a wage freeze.

The University of Victoria wage freeze class action lawsuit is seeking general damages for the alleged breach of the employment agreement, along with court costs.

Were you affected by the University of Victoria wage freeze? Tell us more in the comments below!

The lead plaintiff and newly certified Class are represented by Christopher A. Silver of Mulroney & Company.

The University of Victoria Wage Freeze Class Action Lawsuit is Service v. University of Victoria, Case No. VIC-S-S-152506, in the Supreme Court of British Columbia.

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2 thoughts onUniversity of Victoria Wage Freeze Class Action Gets Cert.

  1. Tabitha RILEY says:

    Yes i wanna appl3

  2. Jason says:

    Add me

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