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The court certified a class action on consent regarding the calculation of vacation and holiday pay for employees receiving variable compensation.
The plaintiff, Justin Ngan, brought a motion to partially discontinue his claim, amend his pleadings, and certify the action as a class proceeding regarding the calculation of holiday and vacation pay by The Bank of Nova Scotia.
The defendant consented to the motion.
The court granted the orders, finding the amendments and discontinuance reasonable and the class action appropriate for certification.
The class includes employees who received incentive or variable compensation, and the common issues focus on whether such compensation should be included in statutory pay calculations under the Canada Labour Code.
