Nothing Casual About It: Hotel Faces Employees' Class Action Over Employment Benefit Changes

Class actions certifications in British Columbia have continued to surge for consumer claims arising from product liability, privacy breaches, misleading advertising, and price-fixing competition claims. However, employment-based class actions were thought to be unlikely to be brought or successfully certified. While the judicial landscape continues to evolve, for now employment-based class actions appear to be making headway.

In the ongoing litigation started by a group of hourly employees of Pan Pacific Hotel, a part of the Ocean Pacific Hotels Group ("Ocean Pacific") seeking certification, the tide appears to have turned.[1] The employees initiated a putative class action in connection with alleged misrepresentation and a breach of the duty of honesty arising out of reduced work hours during the COVID-19 pandemic. While certification was granted, the court did not accept every claim initially advanced by the plaintiffs.