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Grigoryev v. Russell Security Services Inc.

November 17, 2021

Unpaid Wages Class Action

What the class action is about:

This proposed class action is for unpaid wages. The lawsuit was filed against Russell Security Inc. on March 12, 2021.

The action is brought on behalf of all current and former security guards who worked for Russell Security in the Province of Ontario since January 1, 2017, excluding any shifts worked at sites that were subject to the terms of a collective agreement.

The statement of claim alleges, among other things, that Russell Security violated the Employment Standards Act, 2000 and its contracts of employment with Class Members by requiring the Class Members to show up for work at least fifteen minutes early, but failing to compensate them for this time.  You can read a copy of the Statement of Claim here.

Proposed Settlement:

A settlement has been reached in this proposed unpaid wages class action.

The settlement, which is subject to court approval, provides that Russell Security will consent to the certification of the class action, and will pay $725,000 to the class members, inclusive of legal fees, disbursements, administrative expenses and an honorarium to the plaintiff.

The settlement also provides that Russell Security will update the sections of its Security Guard Handbook regarding reporting for duty and the briefing process to stipulate that the Class Members are expected to report for duty at the commencement of their scheduled shift. The updated Security Guard Handbook will further stipulate that if additional time is required for the briefing process, the guard being relieved is expected to report the amount and reason for the additional time and, if Russell Security determines that the additional time was worked, then guards will be paid for the briefing time. These updates will address the issues raised concerning the impugned policy and alleged practice at the core of this proposed class action, and will therefore effectively resolve the plaintiff’s claim.

The settlement was reached following a mediation between the parties with experienced mediator William Kaplan.

The settlement, which is subject to court approval, will fully and finally resolve the Russell Security class action. Following court approval, the settlement funds will be distributed to the class members for the claims arising during the class period. Payment will be made based on records provided by Russell Security.

Class Members will receive the Notice of Certification and Settlement Approval Hearing by email and text shortly. Class Members, please read this Notice carefully.

Among other things, the Notice:

  • provides details of the proposed settlement;
  • defines which employees and former employees are Class Members;
  • notes that the Certification and Settlement Approval Hearing has been set for December 20, 2021, and provides more information about the hearing. Instructions for viewing the hearing remotely will be posted on this website once that information is available; and
  • describes the opt-out process for any Class Members who do not wish to be included in the settlement. The deadline for opting-out is December 17, 2021. Class Members who opt-out will not be entitled to share in the benefits of the settlement. The opt-out form can be found at the end of the Notice.

For more information contact Christine Davies or Joshua Mandryk (contact information below).

Lawyers

Christine Davies, Joshua Mandryk

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law