By: Patrick Butler
A group of former BlackBerry employees have launched a class action lawsuit against the Canadian tech giant.
A press release from Nelligan O'Brien Payne LLP, the firm representing the former employees, alleges BlackBerry had arranged to transfer over 300 employees across Canada to a business partner. The press release says after those employees accepted jobs with the business partner, they were informed they had resigned at BlackBerry and were handed resignation letters to sign. A notice of action, filed Wednesday in an Ottawa court, identified the business partner as Ford Motor Company of Canada.
Lawyer Janice Payne of Nelligan O'Brien Payne LLP, says BlackBerry’s actions amount to termination without workers receiving any of their contractual, statutory or common law entitlements.
“This would appear to be an effort by BlackBerry to avoid, what we say are, its obligations under the Employment Standards Act,” Payne said.
“[The former employees] had to take these offers because BlackBerry was pretty clear that they couldn’t promise them that there would be another position for them,” she said.
In the press release, the law firm said, “BlackBerry stated that the transfer is not a sale of business, meaning the employees will lose all of their years of service.” The press release also said, “BlackBerry stated that it will not pay BlackBerry employees any of these entitlements, despite the fact that employees lose all of their years of service.”
Payne said the employees did not understand at the time they accepted the transfer offers that they would be losing their years of service at BlackBerry and would essentially begin working at Ford as brand new employees. She said they also did not realize they would not be paid any severance for the loss of that service.
The class action is seeking damages for employees' entitlements, as well as $20 million in bad faith and punitive damages.
BlackBerry is not commenting at this time.
None of the claims have been proven in court.