This website was updated on April 23, 2021
Please click on the PORTAL button to the REVIEW THE STATUS of your Administration Form in the online claims administration portal.
CLAIMS ADMINISTRATION UPDATE AS OF APRIL 23, 2021
his update will address four key issues in regards to the claims administration.
- Administration Forms (Claim Forms) from Class Members who filed after the Claims Deadline of March 12, 2021 (“Lates”);
- Paid notice due to the mass termination which occurred on September 30, 2020;
- Claimants who were not on the Class List and filed an Administration Form (Claim Form) prior to the Claims Deadline of March 12, 2021;
- General update in regards to the process and the timeline for payments to Class Members;
Administration Forms (Claim Forms) from Class Members who filed after the Claims Deadline of March 12, 2021 (“Lates”)
We currently have Class Members who registered in the online claims administration portal but did not complete the Administration Form. We are currently reviewing the status of these Class Members. A further update will be provided when a determination has been reached.
Pursuant to the Distribution Protocol:
D. CLAIMS BY CLASS MEMBERS
i. Requirement to Submit Timely Administrative Form
7. Class Members shall complete an Administrative Form in order to be eligible to receive payments from the Claim Fund. This form must be completed and submitted to the Claims Administrator within ninety (90) days of Final Approval.
8. If the Claims Administrator finds that deficiencies exist in an Administration Form, the Claims Administrator shall forthwith notify the Class Member of the deficiencies. The Class Member must correct the deficiencies to the satisfaction of the Claims Administrator by the deadline set out in section 7.
9. Class Members who submit a late Administrative Form for any reason will only be eligible to receive any compensation in the event there are surplus funds remaining after the distribution, for example due to stale dated cheques, or in the event the holdback for administration or taxes exceeds what is required. Payments to Class Members who submit late Administrative Forms are in the discretion of Class Counsel and may be in amounts less than the compensation provided to Class Members who submitted a timely Administrative Form, depending on the sufficiency of funds. There is no appeal regarding the determination that an Administrative Form is late or from the amount of funds provided to Class Members who submitted a late Administrative Form.
10. An Administration Form will not be considered late solely because the Class Member is required to prove their membership in the Class pursuant to the process set out in paragraphs 11-13 below, where the Class Member submitted their Administration Form to the Claims Administrator prior to the deadline and the Administration Form was otherwise complete.
Paid Notice due to the mass termination which occurred on September 30, 2020
It is our understanding that a large number of Flight Centre employees were provided a Termination Notice on September 30, 2020. Upon consultation with Class Counsel, we are accepting the weeks of Paid Notice for the accumulation of Total Actual Weeks of Service and Total Weighted Weeks of Service up to the end of the Class Period date of November 12, 2020. Class Period means December 2008 to the date of certification – which is November 12, 2020.
This issue was not anticipated when the claims administration process and the online claims administration portal was first established. Assuring that all Class Members are given full consideration on this issue will take some time to sort out. We will provide a further update shortly.
Claimants who were not on the Class List and filed an Administration Form (Claim Form) prior to the Claims Deadline of March 12, 2021
i. Confirmation of Membership in Class
11. The Claims Administrator shall verify that the Class Member’s name appears on the Class List provided by the Defendant. Where an individual submits an Administrative Form and their name is not on the Class List, the Claims Administrator will ask the individual to provide proof of membership in the Class within thirty (30) days. The Claims Administrator and/or Class Counsel may also ask the Defendant to confirm the individual’s employment history and membership in the Class. The Claims Administrator shall determine the individual’s membership in the Class within ten (10) days of the date the individual provides proof of Class Membership.
12. Proof of Class Membership may be provided by submission of documents such as employment agreements, tax forms, paystubs, and uniform deduction/return agreements. The Claims Administrator and/or Class Counsel may request the Defendant to review any documents submitted to verify their authenticity.
13. If an individual disagrees with the determination by the Claims Administrator regarding their membership in the Class, such dispute shall be referred to the independent Referee for a binding determination. The individual is responsible for paying the cost of the Referee’s fee, not to exceed $75. The Referee shall issue a written decision within ten (10) days, and is not required to provide reasons. The decision of the Referee is final and not subject to any appeal.
Class means all current or former Travel Consultants employed by Flight Centre in the Provinces of Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Nova Scotia and Newfoundland, for the period from December 2008 to the date certification is granted in this action.
General update in regards to the process and the timeline for payments to Class Members
Firstly, may I please express how we appreciate and understand, to the best of our ability, how devasting this pandemic has been on the travel industry. We feel it when we speak to you on the phone and when we read your emails.
With that said, we are working hard to address the above mentioned issues. We truly want to get the distribution payments out to you as quickly as possible. We cannot calculate a Class Member’s Relative Share and provide the Notification Letter until we resolve the above mentioned issues. A updated timeline will be posted in early May, 2021.
Pursuant to the Distribution Protocol
The Claims Administrator will prepare Notification Letters individualized for each Class Member describing their relative share.
“Relative Share” means the proportion of the Claim Fund that an individual Class Member will be entitled to.
“Notification Letter” means the letter, email or text message provided to each Class Member describing their relative share of the Claim Fund as determined by the Claims Administrator.
“Claim Fund” means the Settlement Amount remaining after deductions in respect of Class Counsel Fees, Class Counsel Disbursements, Administrative Holdback, Representative Plaintiff Honorarium, and Holdback for Taxes;
A Class Member who disputes their relative share must notify the Claims Administrator in writing within fourteen (14) days of the date of the Notification Letter. The Claims Administrator may reconsider and correct any errors identified by the Class Member within five (5) days of the receipt of the Class Member’s notification of dispute. If the Class Member continues to dispute the Claims Administrator’s decision, such dispute shall be referred to the independent Referee for a binding determination. The individual is responsible for paying the cost of the Referee’s fee, not to exceed $75.
How do I get more information?We are here to help! If you have any questions or require further information about this class action, please complete this form and submit. We will respond within 24 to 72 hours.
Please see the contact page of this website for contact information for Class Counsel.