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This settlement is closed!
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Current and former employees may be able to take part in a $7 million Flight Centre Canada settlement agreement.
Class Members include those employed with Flight Centre between December of 2008 and Nov. 12, 2020 as a Travel Consultant, Future Team Leader, Travel Manager and/or Reservation Specialist in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia and/or Newfoundland.
Flight Centre Canada Class Action Lawsuit
Flight Centre, a discount tourism company, was accused of failing to pay travel consultants for overtime work. The class action lawsuit Canada, filed in 2019, claimed that the company deemed employees who served corporate clients “managers” in order to avoid paying them overtime.
Indeed, according to the plaintiff, he and other travel consultants were paid a meagre $27,000 per year, plus commissions. However, managers did not take on any managerial roles and the company used the designation to make them work longer hours and through legally mandated breaks.
In addition, Flight Centre was accused of holding employees to impossible sales goals. Flight Centre allegedly linked compensation to unrealistic sales targets, as well as their commissions. Further, the company required workers to complete a series of tasks by the end of the day or outside of their scheduled work hours, garnering even more unpaid labour from them.
The class action lawsuit contended that Flight Centre also failed to track employee overtime, making it impossible for them to claim the hours or even file a complaint.
“By virtue of the power imbalance inherent to the employee employer relationship the Class Members are powerless to challenge the unlawful aspects of the Defendant’s Overtime Policy,” alleged the complaint. “In attempting to do so they would risk discharge and/or employment and career-related sanctions.”
The class action lawsuit initially sought $100 million in damages on behalf of a proposed class of current and former Flight Centre Travel Consultants.
Flight Centre Canada Settlement Terms
In September, the parties proposed a settlement deal. In addition to paying $7 million, Flight Centre also agreed to change its policies and procedures to allow employees to track and report overtime hours; however, the company declined to admit any wrongdoing.
Under the terms of the Flight Centre settlement, Class Members will receive compensation based on how long they worked for the company, the province where they worked, and the total number of Class Members.
After court fees, lawyer costs, administrative fees, and other expenses are paid, the final settlement amount is estimated to be $4,620,000, according to the settlement website.
Class Members need to file an Administration (Claim) form using the online claims administration portal. Forms are due by March 12, 2021. The form requires the Class Member’s dates of employment and a confirmation that they were employed as a Travel Consultant during those times.
Class Members were automatically entered into the settlement; however, Class Members not included in the Class List will need to provide proof that they were a Travel Consultant with Flight Centre between December of 2008 and Nov. 12, 2020. Documents that will need to be provided can include paystubs, tax forms, employment agreements, or uniform deduction/return agreements.
After submitting the form, a claims administrator will provide the settlement award amount. Class Members who disagree with this amount can appeal it to a referee, but will also have to pay a fee to do so.
After the filing deadline has passed, the settlement website indicates that eligible claims will be distributed to Class Members via check, e-transfer, or electronic funds transfer.
The deadline to opt out of the Flight Centre settlement was Oct. 30, 2020 and a final hearing was held Nov. 9, 2020.
Who’s Eligible
Individuals who were employed with Flight Centre between December of 2008 and Nov. 12, 2020 as a Travel Consultant, Future Team Leader, Travel Manager and/or Reservation Specialist in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia and/or Newfoundland.
Potential Award
To be determined.
- Each award will depend on how long the Class Member worked for the company, the province where they worked, and the total number of Class Members.
Proof of Purchase
Class Members included on the Class List do not need to submit any documentation. Class Members not on the list need to submit documentation indicating they worked for Flight Centre as a Travel Consultant during the Class Period, including tax forms, paystubs, etc.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
3/12/2021
Case Name
Stephen Aps v. Flight Centre Travel Group (Canada) Inc., Case No. CV-19-00614755-00CP, in the Ontario Superior Court of Justice, Canada.
Final Hearing
11/9/2020
Settlement Website
Claims Administrator
Flight Centre Settlement Class Administrators
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
inquiry@trilogyclassactions.ca
1‑877‑400‑1211
Class Counsel
Tanya Atherfold-Desilva
GOLDBLATT PARTNERS LLP
Defense Counsel
NORTON ROSE FULLBRIGHT CANADA LLP
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