RBC division facing $800-million class-action lawsuit

In Ontario, an employee has two avenues for bringing claims relating to alleged breaches of the Employment Standards Act, 2000 (ESA), including an alleged failure to pay wages or a wrongful dismissal claim, according to one legal expert.

Claims of underpayment

In the lawsuit, Leigh Cunningham – a former RBC Dominion Securities (RBC DC) investment advisor who earned commission payments – claims that the employer improperly underpaid commissioned investment advisors and their associates and assistants.

That apparently happened when the company failed to pay additional vacation and statutory holiday pay on top of their commissions or variable income, she says.

Provincial legislation requires employers to pay vacation and public holiday pay on all wages earned, including variable income such as commissions. Employers are also required to record and report the calculation and payment of vacation and public holiday pay for employees, notes law firm Cavalluzzo.

The Ontario Superior Court of Justice released a decision certifying the lawsuit as a class proceeding on Dec. 29, 2022.