Cases

Denny’s Temporary Foreign Workers’ Class Action

(Herminia Vergara Dominguez v. Northland Properties Corporation doing business as Denny’s Restaurants, and Dencan Restaurants Inc.)

Overview

The Plaintiff, Herminia Vergara Dominguez, brings this employment related class action on behalf of a class of over 50 Filipino foreign workers who came to Canada under the Temporary Foreign Worker Program and were employed mainly as cooks and servers for the Defendants in Denny’s restaurants in British Columbia from December 1, 2006 to the present.

The claim alleges that acting through their agents, the Defendants recruited members of the class to work in their Denny’s restaurants.  The Defendants entered into employment contracts with members of the class regarding wages, hours of work, overtime and other working conditions.

The employment contracts further provided that the members of the class would not have to pay any costs related to their round trip air travel between the Philippines and Canada or any costs associated with their recruitment for work with the Defendants, including costs to any third party recruiters.

In reliance upon and in consideration of these binding terms, the class members left their homes and spent considerable money and effort to travel to British Columbia to work for the Defendants.

During the course of the class members’ employment, the Defendants failed to provide as much work as promised, failed to pay overtime as promised, and failed to reimburse members of the class for expenses incurred on behalf of the Defendants, including recruitment and travel costs.

On behalf of herself, and other similarly situated foreign workers employed by the Defendants, the Representative Plaintiff seeks restitution of unpaid wages, an award of general, aggravated, and punitive damages and declaratory relief both to make themselves whole for damages suffered due to the Defendants violations of law, and to ensure the Defendants will not subject them and other temporary foreign workers to mistreatment in the future.

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